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23  WeST  MAIN  SYkKT 

WIBSTIK.N.Y.  145S0 

(716)  S73  4S03 


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CIHM/ICMH 
Microfiche 


CIHM/ICIVIH 
Collection  de 
microfiches. 


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Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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D 


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poss 
of  th 
filmi 


Origi 
begii 
the  li 
sion, 
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first 
sion, 
or  illi 


Thet 
shall 
TINU 
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Map: 
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begir 
right 
requi 
meth 


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32X 


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d'images  n6cessaire.  Les  diagr-jmmas  suivants 
illustrent  la  m^thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

50th  OoNonERS, )    HOUSE  OF  REPRESIONTATIVKS.     ( lOx.  Dod. 
Jst  Session.      \     '  i  ^'o.  43!, 


RELATIONS  WITH  CANADA. 


MESSAGE 


FROM  THE 


PRESIDENT  OF  THE  UNITED  STATES, 


IX   KKI,ATION  TO 


Intercourse  bcUccen  the  Umted  States  and  Canada. 


August  23,  1888.— Eeforrod  to  tho  Committee  on  Foreign  Affairs  iiiul  onlcrocl  to  bo 

printed. 


To  the  Congress : 

The  rejection  by  the  vSonato.  of  tlio  treaty  lately  negotiated  for  the  set- 
tlement and  adjustment  of  the  ditterences  existing!:  between  tiie  United 
States  and  (Jreat  liritain  conLerning  t'le  rights  and  privileges  of  Aircr- 
ican  fishermen  in  tho  ports  and  waters  of  British  Korth  America,  seems 
to  justify  a  survey  of  the  condition  to  which  the  i)ending  question  is 
thus  remitted. 

Tho  treaty  upon  this  subject  concluded  in  1818,  through  dlsngroe- 
iiients  a^s  to  tlui  mea.ni!ig  of  its  terms,  has  been  a  fruitful  source  of  irri- 
tation iiiul  trouble.  Our  citizens  engaged  in  fishing  enterprises  in 
waters  adjacent  to  Canada,  have  been  subjected  to  numerous  vexatious 
interferences  and  annoyances,  their  vessels  have  been  seized  upon  pre- 
texts which  api)eared  to  be  entirely  inadmissible,  and  they  have  been 
otherwise  treated  by  the  ('anadlan  authorities  and  odicials  in  a  manner 
inexcusably  harsh  ami  op[U'essive. 

This  conduct  has  been  justilied  by  Oroat  J»ritaiu  and  Camula,  by  tho 
claim  that  the  treaty  of  1818  permitted  it,  and  upon  the  ground  that  it 
was  necessary  to  the  [H'oi)er  protection  of  Canadian  interests.  Wo 
deny  that  treaty  agreements  justify  these  acts,  and  we  further  n)ain- 
tain  that,  arido  from  any  treaty  restraihts,  of  disputed  interpretation, 
the  relative  positions  of  the  United  SLa*:os  and  Canada  as  near  neigh- 
bors, the  growth  «)!'  ojir  joint  oommeree,  the  devi^lojimeiit  and  pros- 
perity of  both  countries,  w  hich  amicable  relations  surely  guaranty, 
and  above  all,  the  liberality  always  extended  by  tho  United  States  to 
the  i)eoi»le  c'' Canada,  furulahed  motives  for  kindness  and  considerutiou 
higher  and  better  than  treaty  covenants. 
0020 i 


I 


; 


RELATIONS   WITH   CANADA, 


While  keenly  sensitive  to  all  that  was  exasperating  in  the  condition, 
and  by  no  means  indisposed  to  support  the  jnat  comi^laints  of  our  in- 
jured citizens,  I  still  deemed  it  ray  liuty  for  the  preservation  of  import- 
ant Auiericau  interests  which  Mere  directly  iuvolve«l,  and  in  view  of  all 
the  details  of  the  situation,  to  attempt  by  negotiation  to  remedy  exist- 
ing wrongs  and  to  finally  tern)inate,  by  a  fair  and  just  treaty,  these 
ever-recurring  causes  of  diOicnlty. 

I  fully  believG  that  the  treaty  just  rejected  by  the  iSenato  was  well 
suited  to  tho  exigency,  and  that  itt;  provisions  were  adequate  for  our 
security  in  the  future  from  vexatious  incidents  and  for  the  promotion  of 
friendly  neighborhood  and  intimacy,  without  sacrificing  in  the  least  our 
national  pride  or  dignity. 

I  am  quite  conscious  that  neither  my  opinion  of  the  vaiuc  oi'  the 
rejected  treaty  nor  the  motives  which  prompted  its  negotiation,  are  of 
imi»ortance  in  the  light  of  the  judgment  of  tho  Senate  thereupon.  IJut 
it  is  of  imi>ortance  to  note  that  this  treaty  lias  been  rejected  without 
any  apparent  disposition  on  the  part  of  the  Senate  to^lter  or  amend 
its  provisions,  and  with  the  evident  intention,  not  wanting  expression, 
that  no  negotiation  should  at  present  be  concluded  touching  the  matter 
at  issue. 

The  co-operation  necessary  for  tho  adjustment  of  the  longstanding 
national  differences  with  which  we  have  to  deal,  by  methods  of  conftr- 
enc3  and  agreement,  having  thus  been  tieclined,  1  am  by  no  means 
disimsed  to  abandon  the  interests  and  the  rights  of  our  people  in  the 
premises,  or  to  neglect  tlieir  grievances;  and  J  therefore  turn  to  the 
contemplation  of  a  plan  of  retaliation  as  a  mode,  which  still  renniius,  of 
treating  the  situation. 

I  am  not  unnnndful  of  tho  gravity  of  tho  resi)onsibility  assumed  in 
adopting  this  line  of  conduct,  nor  do  J  fail  in  the  least  to  appreciate  its 
serious  consequeiices.  It  w'Al  be  impossible  to  injure  our  Canadian 
neighbors  by  retaliatory  measures  without  inflicting  swme  damage  upon 
our  own  citizens.  This  results  from  our  proximity,  our  community  ol 
interests,  and  the  inevitable  commingling  of  the  business  entt'rprises 
which  have  been  developed  by  mutiml  activity. 

Plainly  stated,  the  policy  of  national  retaliation  manifestly  embraces 
the  inllivstion  of  the  greatest  harm  upon  tho.se  who  have  injured  u.m,  with 
tho  least  possible  damage  to  ourselves.  There  is  also  an  evident  pro- 
priety as  well  as  an  invitation  to  moral  support,  found  in  visiting  niton 
the  olfending  p-irty  tln^  same  measure  or  kind  of  treatment  of  which  wo 
complain,  and  as  far  as  possibh)  within  the  same  lines.  And  abova  all 
tilings  the  plan  of  retaliation,  if  entered  upon,  should  bo  thorough  and 
vlgoruus, 

The^ie  considerations  lead  nw  at  this  time  to  invoUo  the  aid  ami  coun- 
sel of  tho  Congress  and  its  support  in  such  a  further  grant  of  power 
as  seeujs  to  me  necessary  and  desirable  to  render  elVectivo  tlio  policy 
I  have  indicated. 


RELATiONS    WITH    CANADA. 


Tlje  Congress  ha.s  alreiuly  passed  a  law,  wliicli' received  Executive 
iisseiit  on  the  third  day  of  March,  1887,  providing  tliat  iii  case  American 
lioHing  vessela  being  or  visituig  in  the  waters,  or  at  any  of  the  ports  of 
the  British  J)ominionsof  Korth  America,  shoukl  be,  or  I  »tely  had  been, 
deprived  of  the  rights  to  wliich  they  were  entitled  by  treaty  or  I'aw,  or 
if  they  v.'ere  denied  certain  other  privileges  therein  specitied,  or  vexed 
and  harassed  in  the  enjoyment  of  the  same,  the  President  might  deny 
to  ves-sels  and  their  masters  and  crews  of  the  Britisli  Dominions  of 
North  America  any  entrance  into  the  waters,  x>orts,  or  harbois  of  the 
United  States,  and  also  deny  entry  into  any  port  or  phice  of  the 
United  States  of  any  product  of  said  Dominions,  or  other  goods  coming 
from  said  Dominion  to  the  United  States. 

While  I  shall  not  hesitate  nf)on  ])roper  occasion  to  enforce  this  act, 
it  would  seem  to  bo  unnecessary  to  suggest  that  if  such  enforcement  is 
limited  in  isu(;h  a  manner  us  shall  result  in  the  least  possible  injury  to 
our  owi»  people,  the  eiiect  would  probably  be  entirely  inade(iuate"to  the 
accc/nplislitiunt  of  the  purpose  desired. 

1  deem  it  my  duty,  therefore,  to  call  the  attention  of  the  Congress  to 
certain  particulars  in  the  action  of  the  authorities  of  the  Dominion  of 
Canada,  in  addition  to  the  general  allegations  already  made,  which  ai)- 
l)ear  to  be  in  such  marked  contrast  to  the  liberal  and  friendly  disposi- 
tion of  our  eountrj',  as  in  my  opinion  to  call  for  such  legislation  as  will, 
upon  the  prii\ci^ile8  already  stated,  properly  supplement  the  power  to 
inaugurate  retaliation  already  vested  in  the  Executive. 

A(!tuated  by  the  generous  and  neighborly  spirit  which  has  character- 
ized our  legislation,  our  tarilf  laws  have  since  18G0  been  so  far  waived 
in  favor  of  Canada  as  to  allow  free  of  duty  the  transit  across  the  terri- 
tory of  the  United  States  of  proi)erty  arriving  at  our  ports  and  destined 
to  Canada,  or  exjjorted  from  Canada  to  other  foreign  countries. 

When  the  treaty  of  Washington  was  negotiated  in  1871,  between  the 
United  States  and  Great  Britain,  having  for  its  object  very  largely  the 
uuiditication  of  the  treaty  of  1818,  the  privileges  above  referred  to  were 
made  reciprocal  an«l  given  in  return  by  Canada  to  the  United  States  in 
the  following  language,  contained  in  the  twenty-ninth  article  of  said 
1 reaty : 

"  It  is  agreed  that,  for  the  term  of  years  nicntionetl  in  article  tliirty-tlireo  of  Miia 
(iciity,  gootltt,  wiircK,  or  morcliandiso  arriviriK  at  (lie  ports  of  Now  Vork,  Bosloii,  and 
I'lM'tland,  and  any  other  ports  in  tlio  United  States  whieh  Ivavo  l)».on  or  may,  from 
tiiiMi  to  time,  he  speeially  desiynatiHl  hy  the  President  of  the  United  States,  and  des- 
tined for  Her  Hritannie  Majesty's  possen.)iotis  in  North  Amoriea,  may  l»e  entered  at  tlie 
jMoper  cnstonj-liouHo  ami  conveyed  in  transit,  withont  the  piiymtuit  of  duties,  tlironjjh 
the  terrhory  of  the  United  SlateH,  under  bucIi  rules,  rej^uiations,  and  conditions  for 
(lie  proteetion  of  (he  reveiine  as  (he  (lovernnient  of  the  United  States  may  from  time 
(otime  prescribe;  and  nnder  like  ruhis,  rejifuhitlons,  and  condilions,  gocHls,  waroH  or 
merehftudiNe  may  bo  coi:voyed  in  transit,  without  the  payment  of  duties,  from  huoIi 
posHessioim  thronKli  the  territory  of  the  United  States,  for  export  frtmi  the  said  ports 
of  the  Uniti'd  Htiites. 

"It  is  further  agreed  that,  for  tho  like  ptuiod,  goods,  Avares,  or  niercluiuiUso  arriving 


RELATIONS   WITH   CANADA. 


at  any  of  the  ports  of  Her  Britannic  Mnjesly's  poasessions  in  Noith  America,  and  des- 
tined for  the  United  States,  may  bo  entered  at  the  propor  custoin-house  and  con- 
voyed in  transit,  without  the  payment  of  duti»!8,  throngh  the  said  iiossessious,  nnder 
snch  ndes  and  regulations  and  conditions  for  the  protection  of  the  revenue,  as  the 
Govcrnnients  of  the  said  possessions  may  from  time  to  time  proscribe;  and,  under 
lilvc  rules,  and  regulations,  and  conditions,  goods,  wares,  or  merchandise  may  be  con- 
veyed in  transit,  without  payment  of  duties,  from  the  United  States  through  the  said 
possessions  to  oilier  places  in  the  United  States,  or  for  export  from  ports  in  the  said 
possessions." 

Ill  the  year  188(>  notice  was  received  by  the  representatives  of  onr 
Goverunieiit  that  our  fishermen  would  no  longer  be  allowed  to  ship 
their  fish  in  bond  and  free  of  duty  through  Canadian  territory  to  this 
country;  and  ever  since  that  time  such  sliipment  has  been  denied. 

The  privilei^e  of  such  shipment,  which  had  been  extended  to  our  fish- 
ermen, was  a  most  important  one.  allowing  them  to  spend  the  time 
upon  the  fishing-grounds  which  would  otherwise  be  devoted  to  a  voy- 
age home  with  their  catch,  and  doubling  their  opportunities  for  profit- 
ably prosecuting  their  vocation. 

In  forbidding  the  transit  of  the  catch  of  our  fishermen  over  their  ter- 
ritory in  bond  and  free  of  duty,  the  Canadian  authorities  dei)rived  us  of 
the  only  facility  dei)endent  upon  their  concession,  and  for  whicli  we 
could  supply  no  substitute. 

The  value  to  the  Dominion  of  Canada  of  the  privilege  of  transit  for 
their  exports  and  imports  across  our  territory,  and  to  and  from  our 
ports,  though  great  in  every  aspect,  will  be  better  appreciated  when  it 
is  rememb(u-ed  that,  for  a  considerable  portion  of  each  year,  the  St. 
Lawrence  llivcr,  which  constitutes  the  direct  avenue  of  foreign  com- 
merce leading  to  Canada,  is  closed  by  ice. 

During  the  last  six  years  the  imports  and  exports  of  IJritish  Canadian 
provinces  carried  across  our  territory,  under  the  pri^'ileges  granted  by 
our  laws,  amouilted  in  value  to  about  two  hundred  and  seventy  millions 
of  dollars,  nearly  all  of  which  were  goods  dutiable  under  our  tariff"  laws, 
by  far  the  larger  part  of  this  traffic  consisting  of  exchanges  of  goods 
between  Great  Britain  and  her  American  provinces  brought  to  and. 
carried  from  our  ports  in  their  own  vessels. 

The  treaty  stipulation  entered  into  by  our  Government  was  in  har- 
mony with  laws  which  were  then  on  our  statute-book,  and  are  still  in 
force. 

I  recommend  immediate  legislative  action  conferring  upon  the  Exec- 
utive the  power  to  susiiend  by  proclamation  the  oi)eratiou  of  all  laws 
and  regulations  ])ermitting  the  transit  of  goods,  wares,  and  merchandise 
in  bond  across  or  over  the  territory  of  the  United  States  to  or  from 
(.'anada. 

There  need  be  no  hesitation  in  suspending  these  laws,  arising  from 
the  supi>ositi()n  tliat  their  continuation  is  secured  by  treaty  obligations, 
for  it  seems  quite  i)lain  that  article  twenty-nine  of  the  treaty  of  1871, 
which  was  the  only  article  incevporating  such  laws,  terminated  the  first 
day  of  .luly,  1885. 


RELATIONS    WITH    CANADA. 


The  article  itself  declares  that  its  provisions  shall  bo  in  force  "  for 
tlie  term  of  years  mentioned  in  article  thirty-three  of  this  treaty.'' 
Turning  to  article  thirty-three  we  find  no  mention  of  the  twenty-ninth 
article,  but  only  a  provision  that  articles  eij^hteen  to  twenty-five,  in- 
clusive, and  article  thirty  shall  take  effect  as  soon  as  the  laws  reipiired 
to  carry  them  into  operation  shall  be  passed  by  the  legislative  bodies 
of  the  differcTit  countries  concerned,  and  that  "  they  shall  remain  in  force 
for  the  period  of  ten  years  from  the  date  at  which  they  may  couae  into 
operation,  and  further  until  the  expiration  of  two  years  after  either  of 
tlic  high  contracting  parties  shall  have  given  notice  to  the  other  of  its 
wish  to  terminate  the  same." 

I  am  of  the  opinion  that  the  "term  of  years  mentioned  in  article 
tliirty-three,"  referred  to  in  article  twenty-nine  as  the  limit  of  its  dura- 
tion, means  the  period  during  which  articles  eighteen  to  twenty-five, 
inclusive,  and  article  thirty,  commonly  called  the  "fishery  articles," 
should  continue  in  force  under  the  language  of  said  article  thirty-three. 

That  the  Joint  High  Commissioners  who  negotiated  the  treaty  so 
and(Tstood  and  intended  the  phrase  is  certain,  for  in  a  statement  contain- 
ing an  account  of  their  negotiations,  prepared  under  their  supervision 
and  approved  by  them,  we  find  the  foUowiug  entry  on  the  subject: 

"  The  transit  question  was  dibcusaed,  and  it  waa  agreed  that  any  settlement  that 
aiij^ht  bo  made  should  include  a  reciprocal  arrangement  in  that  respect  for  the  period 
for  which  the  lishory  articles  should  be  in  force." 

In  addition  to  this  very  satisfactory  evidence  snpporting  this  con- 
struction of  the  language  of  article  twenty-nine,  it  will  be  found  that 
the  law  passed  by  Congress  to  carry  the  treaty  into  effect  furnishes 
conclusive  proof  of  the  correctness  of  such  construction. 

This  law  was  passed  March  1,  1873,  and  is  entitled  "An  act  to  carry 
into  effect  the  provisions  of  the  treaty  between  the  United  States  and 
Great  Britain,  signed  in  the  city  of  Washington  the  eighth  day  of 
May,  eighteen  hundred  atid  seventy-one,  relating  to  the  fisheries." 
After  providing  in  its  first  and  second  sections  for  putting  in  operation 
articles  eighteen  to  twenty-five  inclusive,  and  article  thirty  of  the 
treaty,  the  third  section  is  devoted  to  article  twenty-nine  as  follows: 

"Section  U.  That  from  the  date  of  the  Prosidcnt's  proclamation  authorii^ed  by  the 
fust  Ncctiim  of  this  not,  and  so  long  as  the  articles  eighteenth  to  twenty-llfth  inclu- 
sive, un<l  awit.lo  thirtieth  of  said  treaty  shall  remiiiu  in  force  according  to  tiio  terms 
aiul  conditions  of  article  thirty-third  of  said  treaty,  all  goods,  wares,  and  luercliau- 
diso  arriving,  etc.,  etc. — "  , 

following  in  the  remainder  of  the  section  the  precise  words  of  the  sti])u- 
Iiiiion  on  the  part  of  the  United  States  as  contained  in  article  twenty- 
nine,  wliich  1  have  already  fully  (inoted. 

Here,  then,  is  a  distinct  enactment  of  the  Congress  limiting  the  dura- 
tion of  this  article  of  the  treaty  to  the  time  that  articles  eighteen  to 
Iwenty  five,  inclusive,  and  article  thirty,  should  continue  in  force.  That 
in  fixing  such  limitation  it  but  gave  the  moaning  of  the  treaty  itself,  itt 


I'll 


RELATIONS    WITH    CANADA. 


indicated  by  tlio  fact  that  its  purpose  is  declared  to  be  to  carry  into 
effect  tlie  provisions  of  the  treaty,  and  by  tlie  further  fact  that  t  his  law 
appears  to  have  been  submitted  before  the  promulyatiou  of  the  treaty 
to  certain  members  of  the  Joint  High  Commission  representing  both 
countries,  and  met  with  no  objection  or  dissent. 

There  appearing  to  be  no  contiictor  inconsistency  between  the  treaty 
and  the  act  of  the  Congress  hist  cited,  it  is  not  necessary  to  invoke  the 
well-settled  principle  that  in  case  of  sucli  conflict  the  statute  governs 
the  question. 

lu  any  event,  and.  whether  the  law  of  1873  construes  the  treaty  or 
governs  it,  section  twenty-nine  of  such  treaty,  I  have  no  doubt,  termi- 
nated with  the  proceedings  taken  by  our  Government  to  terminate 
articles  eighteen  to  twenty-five,  inclusive,  and  article  thirty  of  the 
treaty.  These  proceedings  had  their  inception  in  a  joint  resolution  of 
Congress  passed  Jfay  3,  1883,  declaring  that  in  the  judgment  of  Con- 
giess  these  articles  ought  to  be  terminated,  and  directing  the  President 
to  give  the  notice  to  the  Government  of  (ireat  3>ritain  provided  for  in 
article  thirty-three  of  the  treaty.  Such  notice  having  been  given  two 
years  i)rior  to  the  first  day  of  July,  1885,  the  articles  mentioned  were 
absolutely  terminated  on  the  last-named  day,  and  with  them  article 
twenty  nine  was  also  terminated. 

If  by  any  language  used  in  the  joint  resolution  it  was  iiiteiuUHl  to 
relieve  section  three  of  the  act  of  1873  embodying  article  twenty-niiu'* 
of  the  treaty  from  its  own  limitations,  or  to  save  the  article  itself,  1  am 
entirely  satisfied  that  the  intention  miscarried. 

JUit  statutes  granting  to  the  people  of  Canada  the  valuable  i)rivi- 
leges  of  transit  for  their  goods  from  our  i>orts  and  over  our  soil,  which 
had  been  passed  prior  to  the  making  of  the  treaty  of  1871,  and  inde- 
pendently of  it,  remained  in  force ;  and  ever  since  the  abrogation  of  the 
treaty,  and  notwithstanding  the  refusal  of  Canada  to  permit  our  (isher- 
men  to  send  their  fish  to  their  home  market  through  her  territory  in 
bond,  the  people  of  that  Dominion  have  enjoyed  without  diminution 
the  advantages  of  our  liberal  and  generous  laws. 

Without  basing  our  complaint  Ui)on  a  violation  of  treaty  obligations, 
it  is  nevertheless  true  that  such  refusal  of  transit  and  the  other  injuri^ 
ous  acts  which  have  been  recited  constitute  a  provoking  insistaiu'e 
upon  rights  neither  mitigated  by  the  amenities  of  national  intercourse 
nor  modified  by  the  recognition  of  our  liberality  and  generous  consid- 
erations. 

The  history  of  events  connected  with  this  subject  makes  it  manifest 
that  the  Canadian  (xovernment  can,  if  so  disposed,  administer  its  laws 
and  i)rotect  the  interests  of  its  people  without  manifestation  of  un- 
friendliness, and  without  the  unneighborly  treatnuMit  of  our  lishing. 
vessels  of  which  we  have  justly  comphiiiu'd;  and  wliatcer  is  done  ou 
our  part  should  be  done  in  the  hoi)e  that  the  disposition  of  the  (-aua- 
dian  Government  nuiy  remove  the  occasion  of  a  resort  to  tlie  additional 
Executive  power  now  sought  through  legislative  action. 


RELATIONS   WITH    CANADA. 


I  am  satisfied  tliat  uiion  the  prittciples  wliicb  should  provern  retalia- 
tion oiir  iiitercour.'  and  relations  with  the  Dominion  of  Canada  furnish 
no  better  opportunity  for  its  application  than  iis  snj^gested  by  the  con- 
ditions  herein  presoute<l;  and  that  it  could  not  be  more  effectively  in- 
auguratcd  than  under  the  power  of  suspension  recommended. 

While  I  have  expressed  my  clear  conviction  upon  the  question  of 
the  continuance  of  section  twenty-nine  of  the  treaty  of  J. S71,  I  of  course 
fully  concede  the  power  and  the  duty  of  the  Congress,  in  contemplating- 
legislative  action,  to  construe  the  terms  of  any  treaty  stipulation  which 
might,  upon  any  i)08sible  consideration  of  good  faith,  limit  such  action ; 
and  likewise  the  peculiar  propriety  in  the  case  here  presented  of  its 
interpretation  of  its  ovni  language  as  contained  in  the  laws  of  1873  put- 
ting in  oi)eration  said  treaty,  and  of  1883  directing  the  termination 
thereof;  and  if  in  the  deliberate  judgment  of  Congress  any  restraint 
to  the  pi  o])osed  legislation  exists,  it  is  to  be  hoped  that  the  expediency 
of  its  early  removal  will  be  recognized. 

I  desire,  also,  to  call  the  attention  of  tile  (Congress  to  another  subject 
involviUjg  such  wrongs  and  unfair  treatment  to  our  citizens  as,  in  my 
opinion,  require  prompt  action. 

The  navigation  of  the  Great  Lakes,  and  the  immense  business  and  car- 
rying trade  growing  out  of  the  same,  have  been  treated  broadly  and 
liberally  by  the  United  States  Government,  and  made  free  to  all  man- 
kind, while  Canadian  railroads  and  navigation  companies  share  in  our 
country's  transportation  upon  terms  as  favorable  as  are  accorded  to  our 
own  citizens. 

The  canals  and  other  public  works  built  and  maintained  by  the  Gov- 
ernment along  the  line  of  the  lakes  are  made  free  to  all. 

In  contrast  to  this  condition,  and  evincing  a  narrow  and  ungenerous 
commercial  spirit,  every  lock  and  canal  which  is  a  public  work  of  the 
Dominion  of  Canada  is  subject  to  tolls  and  cliarges. 

Dy  article  twenty-seven  of  the  treaty  of  1871  provision  was  nmde  to 
secure  to  the  citizens  of  the  United  States  the  use  of  the  Welland,  St. 
Lawrence,  and  other  canals  in  the  Dominion  of  Canada,  on  terms  of 
eciualily  with  the  inhabitants  of  the  Dominion,  and  to  also  secure  to 
the  subjects  of  Great  Britain  the  use  of  the  St.  Clair  Flats  CtTnal  on 
terms  of  equality  with  the  inhabitants  of  the  United  States. 

The  equality  with  the  inhnbitants  of  the  Dominio?i  which  we  were 
promised  in  the  use  of  the  canals  of  Canada  did  not  secure  to  us  free- 
dom from  tolls  in  their  navigation,  but  we  had  a  right  to  expect  that 
wo,  being  Americans  and  interested  in  American  commerce,  would  be 
no  more  burdened  in  regard  to  the  same  than  Canadians  'Engaged  in 
their  own  trade;  and  the  whole  spirit  of  the  concession  made  was,  or 
should  have  been,  thsit  menHiandise  and  property  transported  to  an 
American  market  through  these  canals  should  not  be  enhanced  in  its 
cost  by  tolls  many  tinn^s  higluir  than  suo'ii  as  were  carried  to  an  ad- 
joining Canadian  market.  All  our  citizens,  producers  and  consumers 
m  well  as  vessel-owners,  were  to  enjoy  the-  equality  promised. 


8 


RELATIONS   WITH   CANADA. 


Aud  yet  evidence  has  for  some  lime  beeu  before  the  Cougress,  fur- 
nished by  the  Secretaiy  of  tlie  Tieasury,  showing  that  while  the  tolls 
charged  in  the  first  instiiiice  are  tlio  same  to  all,  such  vessels  and  car- 
goes as  are  destined  to  certain  Canadian  ports  are  allowed  a  refund  of 
nearly  the  entire  tolls,  while  those  bound  for  American  ports  are  not 
allowed  any  such  advantage. 

■To  promise  etpiality,  and  then  in  practice  make  it  conditional  upon 
our  vessels  doing  Canadian  business  instead  of  their  own,  is  to  fulfill  a 
promise  with  the  shadow  of  porforman(;e. 

I  recommend  that  such  legislative  action  be  taken  as  will  give  Cana- 
dian vessels  navigating  our  canals,  and  their  cargoes,  precisely  the 
advantages  granted  to  our  vessels  and  cargoi's  upon  Canadian  canals, 
aud  that  the  same  be  measured  by  exactly  the  same  rule  of  discrim- 
ination. 

The  course  which  I  have  outlined  and  the  recommendations  made 
relate  to  the  honor  and  dignity  of  our  Country  and  the  protection  and 
preservation  of  the  rights  and  interests  of  all  our  people.  A  govern- 
ment does  but  half  its  duty  .vhen  it  protects  its  citizens  at  home  and 
permits  tlieiii  to  be  imposed  upon  and  humiliated  by  the  unfair  aud  over- 
reaching disposition  of  other  nations.  If  we  invite  our  people  to  rely 
upon  arrangements  made  for  their  benefit  abroad,  wo  should  see  to  it 
that  they  are  not  deceived;  and  if  we  are  generous  and  liberal  to  a 
neighboring  country  our  people  should  reap  the  advantage  of  it  by  a 
retuj:n  of  liberality  and  generosity. 

These  are  subjects  which  partisanshii)  should  not  disturb  or  confuse. 
Let  us  survey  the  ground  calmly  and  moderately,  and  having  put  aside 
other  means  of  settlement,  if  we  enter  upon  the  policy  of  retaliation  let 
us  pursue  it  tirmly,  with  a  determination  only  to  subserve  the  intorest-s 
of  our  people  and  maintain  the  high  standard  and  the  becoming  i)ride 
of  American  citizenship. 

Gkoveb  Cleveland. 

Executive  Mansion, 

August  23, 18S8. 


MESSAGE 


VKOM  THE 


PRESIDENT  OF  THE  UNITED  STATES, 


TRAN'8MlTIIS(i 


treaty  between  the  United  States  and  Grcai  Br Uain  concerning  the  inter- 
pretation of  the  convention  of  October  20,  1818,  signed  at  Washington 


P 

Ftbruary  15,  1888. 


Fkbuuauy  20,  1888.— Kejul,  treaty  real  the  first  time.  lofencd  to  tbo  Coniniittco  on 
Foreign  Relations,  and,  together  with  the  message  and  the  accoinj)anying  docu- 
uicnts,  ordered  to  be  printed  in  confidence  for  the  n^e  of  the  Senate. 


To  the  Senate  of  the  United  States  : 

In  my  anmiiil  message  transmitted  to  the  Congress  in  December,  188G, 
it  was  stated  that  negotiations  were  then  pending  for  the  settlement 
of  the  questions  {^rowing  ont  of  tbo  riglits  claimed  by  American  lisber- 
men  in  Britisli  North  American  waters. 

As  a  result  of  such  negotiations  a  treaty  has  been  agreed  upon  be- 
tween Her  liritannic  Majesty  and  the  United  States,  concluded  and 
signed  in  this  capital,  under  my  direction  and  authority,  on  the  j-och  of 
Februaiy  instant,  and  whicli  1  now  have  the  honor  to  submit  to  the 
Senate,  with  the  recommendation  that  it  shall  I'cccive  the  consent  of 
that  body,  as  provided  in  the  (Jonstifution,  in  order  that  the  ratifica- 
tions thereof  may  be  duly  exchanged  and  the  treaty  be  carried  into 
etfect. 

Shortly  after  Congress  had  adjourned  in  March  last,  and  in  continu- 
ation of  my  ertbrts  to  arrive  at  such  an  agreement  between  the  Govern- 
ments of  Great  Britain  and  the  United  States  as  would  secure  to  the 
citizens  of  the  respective  countries  the  unmolested  eujoyment  of  their 
just  rights  under  existing  treaties  and  international  comity  in  the  terri- 
torial waters  of  Canada  and  of  ^Newfoundland,  1  availed  myself  of 
opportune  occurrences  indicative  of  a  desire  to  make  without  delay  an 
amicable  antl  linal  settlement  of  a  long-standing  controversy — prt  lue- 
tive  of  much  irritation  and  misunderstanding  between  the  two  nations — ^ 
to  send  through  our  minister  in  London  ])roposals  that  a  conference 
slionld  take  place  on  the  subject  at  this  capital. 

The  exjierience  of  the  past  two  years  had  demonstrated  the  dilatory 
and  unsatisfactory  consequences  of  our  iiidiroct  transaction  of  busi- 
ness through  the  foreign  otlice  in  London,  in  which  the  views  and  wishes 
of  the  Governnu'ut  of  the  Dominion  of  Canada  were  practically  pre- 
dominant, but  were  only  to  tuul  expression  at  second  hand. 


10 


RELATIONS   WITH   CANADA, 


1 


To  obviate  this  inconvenience  and  obstruction  to  prompt  and  wellde- 
fined  settlement,  it  was  considered  advisable  tha>.  tbe  negotiationa 
should  be  conducted  in  this  city,  and  that  the  interests  of  Canada  and 
Newfoundland  siiould  be  directly  represented  tlierein. 

The  tern\s  of  reference  haviuj;'  been  duly  agreed  upon  betMceu  Aie 
two  (.lovernments,  and  the  conterencj  arra'jgcd  to  be  held  here,  by  vir- 
tue of  the  power  in  me  vested  by  (ho  Constitution,  I  duly  authorized 
Thomas  V.  Bayard,  the  Secretary  of  State  of  the  United  States,  Will-, 
iam  L,  rutnam,  a  citizen  of  the  State  of  Maine,  and  James  B.  Angell, 
a  citizep  of  the  State  of  Michigan,  for  and  in  tlie  name  of  the  United 
States,  t{)  meet  and  confer  with  the  plenipotentiaries  representing  tho 
Government  of  Jler  Britannic  Ivlijjesty,  for  the  purpose  of  considering 
and  adjusting  in  a  liiendly  spirit  all  or  any  questions  relating  to  rights 
of  fishery  in  the  seas  adjacent  to  British  North  America  and  Newfound- 
land -vhich  were  in  dispute  between  tbe  Ciovernments  of  the  United 
States,  and  that  of  Her  Britannic;  Majesty,  and  Jointly  and  severally  to 
conclude  and  sign  any  treaty  or  treaties  touching  the  prouHses  ;  and  I 
herewith  transmit  for  your  inforhiation  full  copies  of  the  i)ower  so  givci 
by  nie. 

In  execution  of  the  powers  so  conveyed,  the  said  Thomas  F.  Bayard, 
William  Jj.  Putnam,  and  James  B,  Angell,  in  the  monih  of  November 
last,  met  in  this  city  the  plenii)otentidries  of  Her  Britannic  Majesty, 
and  proceeded  in  the  negotiation  of  a  treaty  as  above  authorized.  Aitov 
many  coaierences  and  j)rotracted  etibrts  an  agreement  lias  at  length 
been  arrived  at,  which  is  embodied  in  the  treaty  which  1  iiow  lay  before 
you. 

The  treaty  meets  my  approval,  because  1  believe  that  it  supplies  a 
isatisfactory,  p-^actical,  and  final  adjustment,  upon  a  basis  hononible 
and  just  to  both  parties,  of  the  diflicult  and  vexed  question  to  wliicli  it 
relatep. 

A  review  of  the  history  of  this  question  will  show  that  all  former 
attempts  to  arrive  at  a  common  interpretation,  satisfactory  to  botli 
])arties,  of  the  first  article  of  the  treaty  of  October  20,  1818,  have  been 
unsuccessful;  and  with  the  lapse  of  time  the  ditliculty  and  obscurity 
have  only  increased. 

The  negotiations  in  1854,  and  again  in  1S71,  ended  in  both  .^ases  in 
temporary  reciprocal  arrangements  of  the  tariffs  of  Canada  f.nd  New- 
foundland and  of  the  United  Stales,  and  the  payL;ent  of  a  money  award 
by  the  United  States,  under  which  the  real  questions  in  difference  re- 
mained unsettled,  m  abeyance,  and  leady  to  present  themselves  anew 
just  as  soon  as  the  conventional  arrangements  wore  abrogated. 

The  utuation,  therefore,  remained  unimproved  by  the  results  of  tlio 
treaty  of  1871,  and  a  grave  condition  of  affairs,'  presenting  almost 
identically  the  same  features  aT)d  causes  of  coinjdain*.  by  the  United 
States  against  Canadian  action  and  JSritish  default  in  il:8  correction, 
coni'ronted  us  in  May,  188(),  and  has  continued  until  the  present  time. 

The  greater  part  of  the  cofrespondence  which  has  taken  i»lac«a)e- 
tween  the  two  Governnu'nts  has  heretofore  been  (communicated  to  ('on- 
grees,  and  at  as  early  a  day  as  p(Msible  I  shall  transmit  the  rennuning 
portmn  to  this  date,  aecompanying  it  with  the  joint  protocols  of  the 
conferences  whicii  resuUed  in  the  conclusion  of  the  treaty  now  submit- 
ted to  you. 

You  will  thus  be  fidly  possessed  of  tlie  record  and  Iristorv  of  the  case 
since  the  termination,  oa  duno;{(»,  1885,  of  the  fishery  articles  of  the 
Treaty  of  Washington  of  1871,  wiiereby  wo  were  releu.Mcd  to  the  pro- 
visioub  of  tlie  treaty  of  October  1,'U,  1818, 


RELATIONS   WITH   CANADA. 


11 


As  the  dociimcnts  and  paj)ers  referred  to  vrill  sup])ly  full  i'jforma,tion 
of  tho  i)ositions  taken  under  my  administration  by  the  representatives 
of  the  rjuited  States,  as  well  as  those  oecui)i<Hl  by  the  representatives 
of  the  Government  of  Great  IJritain,  it  is  not  considered  necessary  or 
expedient  to  repeat  them  in  this  messag-e.  iJnt  I  believe  the.  treaty 
will  bo  fo'nid  to  contain  a  just,  honorable,  and,  therefore,  satisfactory 
solution  of  the  dithculties  which  have  clouded  our  relations  with  our 
lU'iftiibors  on  our  northern  border. 

Es])ecially  satisfactory  do  I  believe  the  proposed  arrangement  will 
be  found  by  those  of  our  citizens  who  are  engatjed  in  the  o])en  seafisli- 
eries,  adjacent  to  the  Canadian  coast,  and  resorting  to  those  ports  iind 
harbors  under  treaty  provisions  and  rules  of  international  law. 

The  proposed  delimitation  of  tin*  lines  of  the  exclusive  fisheries  from 
the  con)mon  fisheries  will  give  certainty  and  security  as  to  the  area  of 
tlieir  legitimate  field;  the  headland  theory  of  imaginary  lines  is  aban- 
doned by  Great  Britain,  and  the  si)eci*ication  in  the  treaty  of  certain 
named  bays  especially  [n'ovidcd  for' gives  satisfaction  to  th<wnhabit- 
ants  (/  the  shores,  without  subtracting  materially  from  the  value  or 
convenience  of  the  fishery  rights  of  Americans. 

Tlie  uninterr  'pted  navigation  of  the  Strait  of  Cause  is  expressly  and 
for  tiic  lirst  timy  allirmed,  and  the  four  purposes  for  wliich  our  fisher- 
men under  the  treaty  of  1818  were  allowed  to  enter  the  bays  aiul  har- 
bors of  Canada  and  Newfoandland  within  the  belt  of  three  marine  miles 
are  placed  under  a  fair  and  liberal  cunsfruotion,  and  their  enjoyment 
secured  without  such  conditions  and  restrictions  as  in  tin;  past  have 
embarrassed  and  obstructed  them  so  seriously. 

The  enforcement  of  penalties  for  unlawfully  (Ishing  or  ]>reparing  to 
ilsh,  withia  the  inslioro  and  exclusive  waters  of  Canada  and  Newfound- 
land is  to  be  accomplished  under  safeguards  against  oj)])ressive  or  arbi 
trary  action,  thus  i)rotecting  the  defendant  fishermen  from  punishment 
in  a'dvance  of  trial,  delays,  and  inconvenience  and  unne(!essar.v  ex[(ense. 

The  history  of  events  in  the  last  two  years  shows  tiiat  no  feature  of 
Canadian  adM)inisiration  was  more  harassing  and  injurious  than  the 
C()mpulsion  uinni  our  fishing  vessels 'to  make  formal  entry  and  clearance 
on  every  occasion  of  temporarily  seeking  shelter  in  (Canadian  ports  and 
harbors. 

Such  inconvenience  is  provided  against  in  the  proposed  treaty,  and 
this  most  frequeni  and  just  cause  of  complaint  is  removed. 

The  articles  per.nitting  our  fishermen  to  obtain  provisions  and  tho 
ordinary  sup])liea  of  trading  vessels  on  their  homeward  voyages,  and 
inuler  whicii  they  are  aceordeil  tho  further  and  even  more  important 
privilege  on  all  occasions  of  i)urchasing  such  (iasual  or  needful  pro- 
visions and  supplies  as  uni  ordinarily  granted  to  trading  vessels,  are  )f 
great  importance  and  vabu?. 

The  licenses  whicli  are  to  be  gr.inted  without  charge  and  on  applica- 
tion, in  order  to  enable  our  fisheruien  to  enjoy  tluvso  privileges,  are 
rcas.vnable  and  proper  checks  in  the  hands  of  the  lo(;al  aulluuMties  to 
'lenfify  the  recipients  and  prevent  abuse,  and  can  form  no  im|)ediment 
I.O  those  who  intend  to  use  tll(^m  fj'rly. 

The  hosi)itality  secur*Ml  for  our  vessels  in  all  cases  of  actual  distress, 
with  liberty  to  unload  and  sell  and  transship  their  cargoes,  is  full  and 
lilteral. 

These  provisions  wiii  secure  the  ..il)stJintial  enjoyment  Oi  the  treaty 
rights  for  our  fishermen  under  the  treaty  of  1818,  for  which  contt^ntion 
has  been  Hteadil.\  nnule  in  the  correspondenoo  of  the  Department  vi 


12 


EELATIONS  WITH   CANADA. 


I 


State,  and  our  minister  at  London,  and  by  the  American  negotiators 
of  tlic  present  trealj. 

The  right  of  our  iishermeu  under  the  treaty  of  1818  did  not  extend  to 
the  i)rocurement  of  distinctive  fishery  supplies  in  ('anadlan  ports  and 
harbors;  and  one  item  supposed  to  be  essential,  to  wit,  bait,  was  plainly 
denied  them  by  the  explicit  and  definite  words  of  the  treaty  of  1818, 
emphasized  by  the  course  of  the  negotiation  and  express  decisions  which 
preceded  the  conclusion  of  that  treaty. 

The  treaty  now  submitted  contains  no  provision  attectiug  tariff  du- 
ties, and,  independently  of  the  jiosition  assumed  upon  the  part  of  the 
United  States,  that  no  alteration  iu  our  tariff  or  other  domestic  legisla- 
tion couhl  be  made  as  the  price  or  consideration  of  obtaining  the  rights 
of  our  citizens  secured  by  treaty,  it  was  considered  more  expedient  to 
allow  any  change  in  the  revenue  laws  of  the  United  States  to  bo  nnide 
by  the  ordinary  exercise  of  legislative  will,  and  in  promotion  of  the  , 
public  interests.  Therefore,  the  addition  to  the  free  list  of  rish,  fish  oil, 
whale  and  seal  oil,  etc.,  recited  in  the  last  article  of  the  treaty,  is  wholly 
left  to  the  action  of  Congress;  and  in  connection  therewith  the  Cana- 
dian and  ITewf, mdland  right  to  regulate  sales  of  bait  and  other  fish- 
ing supplies  within  their  own  jurisdiction  is  recognized,  and  the  right 
of  our  fishermen  to  freely  purcliase  these  things  is  made  contingent,  by 
this  treaty,  upon  the  action  of  Congress  in  the  niodification  of  our  tariff 
laws. 

Our  social  iaid  commercial  intercourse  with  those  populations  who 
have  been  placed  upon  our  borders  and  made  forever  our  neighbors  is 
made  apparent  by  a  list  of  United  States  common  carriers,  nuirine  and 
inland,  connecting  their  lines  with  Canada,  which  was  returned  by  the 
Secretary  of  the  Treasury  to  the  Senate  on  the  7th  day  of  February, 
1888,  in  answer  to  a  resolution  of  that  body  ;  and  this  is  instructive  as 
to  th<;  great  volume  of  mutually  j)rofltablo  interchanges  which  has  come 
into  existence  during  the  last  half  century. 

This  intercourse  is  still  but  partially  developed,  and  if  the  amicablo 
e'lterprise  ami  wliolesale  rivalry  between  the  two  populations  be  not 
obstructed,  the  pi'ounse  of  the  future  is  full  of  the  fruits  of  an  un- 
bounded prosperity  on  both  sides  of  the  border. 

The  treaty  now  submitted  to  you  lias  been  framed  in  a  s])irit  of  liberal 
equity  and  rccii)rocal  i}ent'fits,  in  the  conviction  tliat  mutual  advantage 
and  convenience  are  the  only  permanent  fimndation  of  peace  and  friend- 
ship between  States,  and  tinit  with  the  adoption  of  the  ngreement  now 
placed  l>efore  the  Senate,  a  beneficial  and  satisfactory  intercourse  l)e- 
tweeu  the  two  countries  will  be  established  so  as  to  secure  periuitual 
peace  ami  harmony. 

li\  connectioii  with  the  treaty  herewith  submitted  I  deem  it  alsi*  my 
duty  to  transmit  to  the  Senate  a  written  oiler  or  arrangement,  in  the 
nature  of  a  iiio'lus  virendi,  tendenid  after  the  conclusion  of  the  treaty 
on  the  jtart  of  the  British  plenipotentiaries,  to  secure  kindly  ami  i)eace- 
fnl  relations  during  tlie  period  that  may  be  re«piired  for  the  considera- 
tion of  the  treaty  by  the  respective  GovernmeutB  and  for  the  enactment 
of  the  necessary  legislation  to  carry  its  provisions  into  effect  if  ap- 
proved. 

This  pai)er,  freely  and  on  their  own  motion,  signed  by  the  British 
conferees,  not  <mly  extemlM  advantages  to  our  lishernuMi,  pending  the 
ratification  of  the  treaty,  but  appears  to  have  been  <lictated  by  u 
friendly  and  amicable  spirit. 

I  am  given  to  umlerstand  that  the  ntfier  governments  eoncerned  in 
this  treaty  will,  witbiu  u  few  days,  iu  uccordauco  with  their  motUods  of 


RELATIONS   WITH   CANADA. 


13 


eouducting'  public  busiues.s,  submit  said  treaty  to  their  respective  le^j^- 
islatures,  wlu  ii  it  will  bo  at  once  published  to  the  world,  in  view  of 
SI 'jli  action  it  ai)pears  to  be  advisable  that^  by  publication  here,  early 
and  full  knowledge  of  all  that  has  been  done  in  the  premises  should 
be  alforded  to  our  people. 

It  would  also  seem  to  bo  useful  to  inform  the  popular  mind  con- 
cerning the  history  of  the  long  continued  disputes  growing  out  of 
the  subject  embraced  in  the  treaty  and  to  satisfy  the  public  interests 
touching  the  same,  as  well  as  to  acquaint  our  people  with  the  present 
status  of  the  questions  involved,  and  to  give  them  the  exact  terms  of 
the  proposed  adjustment  in  place  of  the  exaggerated  and  imaginative 
statements  which  will  otherwise  reach  them. 

I  therefore  beg  leave  respectfully  to  suggest  that  said  treaty  and  all 
such  correspondence,  messages,  and  documents  relating  to  the  same  as 
maybe  deemed  important  to  accomplish  these  purposes  be  at  oni;e  made 
l)ublic  by  the  ortier  of  your  honorable  body. 

Groveu  Cleveland. 

Executive  Mansion, 

February  20,  1888. 


Whereas  differences  have  arisen  concerning  the  interpretation  of 
Article  I.  of  the  Convention  of  October  20,  1818  ;  the  United  States  of 
America,  and  Her  Majesty  the  Queen  of  the  United  King<lom  of  (h-eat 
Britain  and  Ireland,  being  mutually  desirous  of  renuiving  all  causes  of 
misunderstanding  in  relation  thereto,  and  of  ijromoting  frieiuUy  inter- 
course and  good  neighborJiood  between  the  United  States  and  the 
Possessions  of  Her  Majesty  in  North  America,  have  resolved  to  con- 
clude a  Treaty  to  that  end,  and  have  named  as  their  i'lonipoteutiaries, 
that  is  to  say  : 

The  President  of  the  United  States,  Thomas  F.  P>ayard,  Secretary  of 
State;  William  L.  Putnam,  of  Maine;  and  James  Ji.  Angell,  of  Mich- 


!gan : 


And  Her  Majesty  the  Queen  of  the  United  Kingdom  of  (Ireat  Britain 
and  Ireland,  The  Eiglit  Hon  Joseph  Chamberlain,  M.  P.,  The  Honor- 
able Sir  Lionel  SacUville  Sackvillo  West,  K.  C.  M,  (1.,  Her  Britannic 
Majesty's  Envoy  Extraordinary  and  Minister  Pleniiiotentiary  to  tho 
United  States  of  Americii;  and  Sir  Charl<>s  Tiiitper,  (i.  ('.  JM.  U.,  C.  B., 
Minister  of  Finance  of  tho  Dominion  of  Canada. ; 

WJio,  having  communicated  to  each  other  (heir  respective  Full  Pow- 
ers, found  in  good  ami  due  form,  have  agreed  upon  tho  following  arti- 
cles: 

ARTICLE  I. 

The  High  Contracting  Parties  agree  to  appoint  a  Mixed  (.'ommissiou 
to  delimit,  in  th(»  manner  i)rovidod  in  this  Treaty,  the  iiritish  waters, 
bays,  creeks,  and  harbors,  of  the  (toasts  of  Canada,  and  of  .Newfound 
land,  as  to  which  th(5  United  States,  by  ArticU)  I.  of  (he  convention  ol" 
()ctol)or  20,  1818,  l)fctween  tho  United  States  iind  (treat  Ibitain,  re- 
nounced forever  any  liberty  to  take,  dry,  or  cure  fish. 

AlM'KJLE  II. 

Tln^  Commission  shall  consist  of  two  Comusissioners  lo  be  nanu'd  by 
lier  IJritannic  Majesty,  and  of  two  Commissioners  (o  be  named  by  the 
President  or  tho  United  States,  wilhont  dehi},  after  tlio  exchange  of 
ratitictttlous  of  this  Treaty. 


14 


RELATIONS   WJTIt   CANADA. 


i  The  Commission  sliall  meet  and  complete  the  delimitation  na  soon  as 

'  possible  th'^reafter. 

Jn  case  of  the  death,  absence,  or  incapacity  of  any  (3ommissioner,  or 
in.  the  event  of  any  Commissioner  omitting  or  cefising  to  act  as  snch,  the 
President  of  the  United  t^tates  or  Her  Britannic  Majesty,  respectively, 
shall  forthwith  imme  another  person  to  act  as  Commissioner  instead  of 
the  Commissioner  orij^inaliy  named. 

[  Article  III. 

The  delimitation  referred  to  in  Article  I.  of  this  Treaty  shall  be  marked 
upon  British  Admiralty  charts  by  a  series  of  lines  regnlarly  numbered 
and  <luly  described.  The  charts  so  marked  shall,  on  the  termination  of 
the  work  of  the  Commission,  V)e  signed  bj'  the  Commissioners  in  quad- 
ruplicate, one  copy  whereof  shall  be  delivered  to  the  Secretary  of  State 
i  of  the  United  States,  and  three  copies  to  Her  Majesty's  (rovernment.- 

The  delimitation  shall  be  made  in  the  following  manner,  and  shall  be 
a(;cepted  by  both  the  High  Covitracting  Parties  as  applicable  for  all 
l)urposes  under  Article  I.  of  the  Convention  of  October  20,  1818,  be- 
tween the  United  States  and  Great  Britain. 

The  three  marine  miles  mentioned  in  Article  I.  of  the  Convention  of 

October  UO,  1818,  shall  bo  measured  seaward  from  low  water  mark  ;  but 

at  every  bay,  creek,  or  harbor,  not  otherwise  specially  i)rovided  for  in 

^   this  Treaty,  such  three  marine  miles  shall  be  measured  seaward  from  a 

;iy**^/ straight  line  drawn  across  the  bay,  creek,  or  harbor,  in  the  i)art  nearest 

*^  /  I  the  entrance  at  the  iirst  point  where  the  width  does  not  exceed  ten 

'  marine  miles. 

Article  IV. 


/ 


At  or  near  the  following  !)ays  tlui  liiiiits  of  exclusion  under  Article  I. 
of  the  Convention  of  October  20, 1818,  at  i^oints  more  than  three  marine 
miles  from  low  water  mark,  shall  be  estiblished  by  the  following  linos, 
namely : 

At  the  Baie  des  Chalcurs  the  line  froi.i  the  Light  at  Birch  Point  on 
Miscou  Island  to  Maccpiereau  Point  Lighfc ;  at  the  Bay  of  Miramichi, 
the  line  i'roju  the  Light  at  Point  liscumiuactotlie  Light  on  the  Eastern 
Point  of  Tabirsiutac  Gully  ;  at  Egmont  Bay,  in  Prince  Edward  Island, 
the  line  from  the  Light  at  Cape  Egmont  to  the  Light  at  West  Point; 
and  otf  St.  Ann's  Bay,  in  the  Province  of  Nova  Scotia,  the  lino  from 
Cape  Smoke  to  the  Light  at  Point  Aconi. 

At  Fortune  Bay,  in  jSrewf«)undlan(l,  the  line  from  Connaigre  Head  to 
the  Ijighu  (m  the  Southeasterly  end  of  Brtmet  Island,  thence  to  I'or- 
tune  Head;  at  Sir  Charles  Hamilton  Sound,  the  line  from  the  South- 
east point  of  Cape  Fogo  lo  While  Island,  thence  to  the  North  end  of 
IV.cklbrd  Island,  and  fioiii  the  South  end  of  Peckford  Island  to  the 
East  Ilcadlan«l  of  I'aggcd  Harbor. 

At  or  near  the  iollowiiig  ba.ss  the  limits  of  exclusion  shall  be  three 
marine  miles  seaward  iVom  the  Collowing  lines,  namely  : 

At  or  near  Barringtou  r>ay,  in  Nova  Scotia,  the  line  from  (he  Light 
on  Stoddard  Islaiul  to  the  IJght  on  the  south  point  of  Cape  Sable, 
thence  to  the  light  at  liaccaro  Point;  at  CluMlabucto  and.St.  Peter's 
Bays,  the  line  from  Cratd)eiTy  Island  Light  to  Green  Island  Ligiit, 
thence  to  Point  Ivonge;  at  Mira  Bay,  the  line  IVom  (he  Light  on  the 
East  Point  of  Seatari  Island  to  the  North-(sisterly  Point  of  Cape 
Morien ;  jmmI  at  PhuMintia  Bay,  in  NewfoiUMlIaud,  the  line  from  Latlue 
Point,  on  the  Eastern  mainland  shore,  to  the  most  Southerly  I'oiut  of 


mm 


RKLATIONS   WITH  CAKADir. 


16 


UoA  Island,  thence  by  the  most  Southerly  roint  of  Merasbeeii  Islaud 
to  the  ina inland. 

Lon^-  Island  and  Brycr  Island,  at  St.  Mary's  Bay,  in  Nova  Scotia, 
shall,  ibr  the  i)uipose  of  delimitation,  be  taken  as  the  coasts  of  such 
bay. 

Article  Y. 

Nothing  in  this  Treaty  shall  be  construed  to  include  within  the  com- 
mon waters  any  such  interior  portions  of  any  bays,  creeks,  or  harbors 
as  can  not  be  reached  from  the  sea  without  passing  within  the  three 
marine  miles  mentioned  in  Article  t  of  the  Convention  of  October  20, 
1818. 

Article  VI. 

The  Commissioners  shall  from  time  to  time  report  to  each  of  the 
High  Contracting  Parties,  such  lines  as  they  n)ay  have  agreed  upon, 
numbered,  describ",d,  and  marked  as  herein  ]>rovided,  witli  quadrupli- 
cate (diarts  thceof ;  which  lines  so  rej)orted  shall  forthwith  horn  time 
to  time  be  simultanrouslj^  proclaimed  by  the  High  Contracting  Parties, 
and  be  binding  after  two  months  from  such  proclamation. 

Article  VII. 

Any  disagreement  of  the  Commissioners  shall  forthwith  be  referred 
to  an  Umpire  selected  by  the  Secretary  of  State  of  the  IFnited  States 
and  U^r  Britannic  Majesty's  Minister  at  Washington ;  and  Ivis  decision 
shall  be  final. 

Article  Vlll. 

Kach  of  the  High  Contracting  Parties  shall  pay  its  own  Commis- 
sioners and  oflicers.     All  other  expenses  jointly  incurred,  in  connection 
with  the  performance  of  tlie  work,  including  compensation  to  the  Urn 
pire,  shall  be  paid  by  the  High  Contracting  Parties  in  equal  moieties. 

Article  IX. 

Nothing  in  this  Treaty  shall  interrupt  or  atfect  the  free  navigation  of  ^ 
the  Strait  of  Canso  by  llshing  vessels  of  the  United  States.  ^ 


Article  X. 

United  States  fishing  vessels  entering  the  bays  or  harbors  referred  to 
in  Article  I.  of  this  Treaty  shall  (tonform  to  harbor  regulations  common 
to  thein  and  to  fishing  vessels  of  Canada  or  of  Newfonudland. 

They  need  not  report,  enter,  or  clear,  wlien  puttiuj;*  iuio  such  bays  or 
harbors  for  shelter  or  lepairing  danuiges,  nor  when  putting  into  the 
same,  outside  the  liuiits  of  established  i)orts  ol  entry,  for  the  purpose  of 
l>urehasing  wood  or  of  obtaining  water;  except  that  any  su<!h  vessel  re- 
niainijig  more  than  twenty-four  hours,  exclusive  of  Sundays  and  legal 
holi<lays,  within  any  such  port,  or  communicating  with  the  sliore  therein, 
may  be  required  to  report,  enter,  or  dear;  and  no  vessel  shall  be  ex- 
cused hereby  from  giving  due  information  to  boarding  onicers. 

They  shall  not  bo  liable  i!i  any  such  bays  or  harbors  for  con)puIsory 
]»ilotage;  nor,  when  therein  for  tlie  purpose  of  shelter,  of  repairing 
damages,  of  purchasing  v/ood,  ov  of  ol)laining  water,  shall  they  be  lia- 
ble for  harbor  dues,  tonnage  dues,  buoy  dues,  light  dues,  or  other  aimi- 


r1 


V 


^ 


V 


■^ 

A 


16 


RELATIONS    WITH   CANADA. 


7 


-^1 


liir  iluos;  but  this  ouiimemtiou  .shall  not  periuit  other  charges  iiicou- 
sistent  with  the  enjoy ineut  of  the  liberties  reserved  or  secured  by  the 
Conveutioii  of  October  20,  18 J  S. 

Article  XI. 

rjuited  States  fishing  vessels  entering  the  ports,  bays,  and  hai'bors 
of  the  j']a8tern  and  Northeastern  coasts  of  Canada  or  of  the  coasts  of 
Newfoundland  under  stress  of  weather  or  otlier  casualty  may  unload, 
reload,  tranship,  or  sell,  subject  to  customs  laws  and  regulations,  all 
fish  on  board,  when  such  unloading,  transshipment,  or  sale  is  made 
necessary  as  incidental  to  repairs,  and  may  replenish  outfits,  provisions 
and  supplies  damaged  or  lost  by  disaster;  and  i!i  ca.se  of  death  or  sick- 
/U'"^^   ness  shall  be  allowed  all  needful  facilities,  including  the  shipi)iiig  ot 
crews. 
Licenses  to  purchase  in  established  ports  of  entry  of  the  aforesaid 
j  coasts  of  Canada  or  of  Newfoundland,  for  the  homeward  voyage,  such 
;  provisions  and  snpjjlies  as  are  ordinarily  sold  to  trading  vessels,  shall 
be  granted  to  United  States  fishing  vesstla  in  such  porta,  promj^tly 
upon  application  and  without  charge;  and  sv.ch  vessels,  having  obtained 
licenses  in  the  manner  aforesaid,  shall  also  be  accorded  ui)on  all  occa- 
sions such  facilities  for  the  purchase  oi"  casual  or  needful  provisions 
and  supplies  as  are  ordir^arily  granted  to  the  trading  vessels;  but  such 
provisions  oi  snpi>!ies  shall  not  be  obtained  'jy  barter,  nor  purchased 
lor  re-sale  or  traili(;. 

AiiTiCLK  xir. 

Fishing  vessels  of  Canada  and  Newfoundland  shall  have  on  the  At- 
lantic coast  of  the  United  States  all  the  privileges  reserved  and  secured 
by  this  Treaty  to  United  States  tisliing  vessels  in  the  aforesaid  waters 
of  (Jauada  and  Newfoundland. 


'^' 


'  AiiTicLK  xiir. 

The  Secretary  of  the  Treasury  of  the  United  States  shall  ujako  regu- 
lations providing  for  the  conspicuous  exhibition  by  ovan-y  United  States 
lishing  ^'e.ssel,  of  its  oHicial  number  on  each  bow ;  and  any  such  vessel, 
r('(piired  by  law  to  have  an  ollicial  number,  and  failing  to  comply  with 
such  regulations,  shall  not  be  entitled  to  the  licenses  i)rovided  for  in 
this  Treaty. 

l5uch  regulations  shall  be  communicated  to  ller  Majesty's  Govern- 
ment previously  to  tlieir  talking  ellect. 

AUTICLE  XIV. 

The  penalties  for  unlawfully  fishing  in  the  waters,  bays,  creeks,  and 
i  haibors,  rofi'rred  to  in  Article  I  of  this  Treaty,  may  exterul  to  for- 
!  f«'ituro  of  the  boat  or  vessel,  and  appurtenances,  and  also  of  the  sup- 
.  ))lie8  and  cargo  aboard  when  the  ofleiiso  was  committed;  an<l  forpre- 
l)aring  in  such  waters  to  unlawfully  fish   therein,  ]ienalties  shall  be 
fixed  by  the  court,  n(»t  to  exceed  those  for  unlawfully  fishing;  and  for 
nvny  other  violation  of  the  laws  of  Great  IJritain,  Canada,  or  Newfound- 
land relating  to  the  right  of  lishery  in  such  waters,  bays,  creeks,  or 
harbois,  penalties  shall  be  llxed  by  the  court,  not  exceeding  in  all 
three  dollars  for  evei'y  ton  of  the  boat  or  vessel  concerned.    The  boat 
or  vessel  may  be  hohlen  for  such  penalties  and  forfeitures. 


RELATIONS   WITH   CANADA. 


17 


The  proceedings  sball  be  summary  and  as  inexpensive  as  practicable. 
Tlie  trial  (except  on  appeal)  shall  be  at  the  place  of  detention,  unless 
the  judge  shall,  on  request  of  the  defense,  order  it  to  bo  held  at  some 
other  place  adjudged  by  him  more  convenient.  Security  for  costs  shall 
not  be  required  of  the  defense,  except  when  bail  is  offered.  Reasonable 
bail  shall  be  accepted.  There  shall  be  proper  appeals  availr^lo  to  the 
defense  only;  and  the  evidence  at  the  trial  may  be  used  on  appeal. 

Judgments  of  forfeiture  shall  be  reviewed  by  the  Governor-General 
of  Canada  in  Council,  or  the  Governor  in  Council  of  Kewfouudland, 
before  the  same  are  executed. 

Article  XV. 

t 

Whenever  the  United  States  shall  remove  the  duty  from  fish-oil, 
\vl)ale-oil,  seal-oil,  and  fish  of  all  kinds  (except  fish  preserved  in  oil), 
being  the  produce  of  fisheries  carried  on  by  the  fishermen  of  Canada  and 
Newfoundland,  including  Labrador,  as  well  as  from  the  usual  and  nec- 
essary casks,  barrels,  kegs,  cans,  and  other  usual  and  necessary  cover- 
ings containing  thoi)roduct8  above  mentioned,  the  like  products,  being 
the  produce  of  fisheries  carried  on  by  the  fishermen  of  the  United 
States,  as  well  as  the  usual  and  necessary  coverings  of  the  same,  as 
ahovo  described,  shaH  be  admitted  free  of  duty  into  the  Dominion  of 
Canada  and  Newfoundland. 

And  upon  such  removal  of  duties,  and  while  the  aforesaid  articles  are 
allowed  to  bo  brought  into  the  United  States  by  British  subjects,  without 
duty  being  reimposed  thereon,  the  privilege  of  entering  the  jmrts,  bays, 
and  harbors  of  the  aforesaid  coasts  of  Canada  and  Newfoundland  shall 
he  accorded  to  United  States  fishing  vessels  by  animal  licenses,  free  of 
charge,  for  the  following  purpcses,  namely: 

1.  The  purchase  of  provisions,  bait,  ice,  seines,  lines,  and  all  other 
sui)plies  and  outfits ; 

2.  Transshipment  of  catch,  for  transport  by  any  means  of  conveyance; 
.'5.  Shipping  of  crews. 

Supjdies  shall  not  bo  obtained  by  barter,  but  bate  maybe  so  obtained. 

The  like  privileges  shall  bo  continued  or  given  to  fishing  vessels  of 

( 'a  nada  and  of  Newfoundland  on  the  Atlantic  coasts  of  the  United  States. 

Article  XVI. 


This  Treaty  shall  be  ratified  by  tho  Tresident  of  the  United  States, 
by  and  with  the  advice  and  consent  of  tho  Senate;  and  by  Iler  Brit- 
annic ^Majesty,  having  received  tho  assent  of  the  Tarliament  of  Canada 
and  of  tiie  Legislature  of  Newfoundland;  and  the  ratifications  shall 
he  exchanged  at  Washington  as  soon  as  possible. 

In  faith  whereof,  \V'e,  the  respedivo  rienipotentiaries,  have  signed 
tliis  Treaty,  and  have  hereunto  allixed  our  seals. 

Done  in  duplicate,  at  AVashington,  this  fiiteenth  day  of  February,  in 
the  year  of  our  Lord  one  thoiisaud  eight  hundred  and  eighty-eight. 

SICAL.I 


T.  F.  lU^AiiD 
William  L.  l•l!TNA^r. 
James  B.  AwrrBLL. 
.1.  Chamberlain. 
Ij.  S.  Sackville  West. 
Charles  Titpver. 


seal. 
seal. 

SEAL. 

SEAL. 

[seal. 


!)()20- 


18 


RELATIONS   WITH    CAXADA. 


I. 


4 


V 


PROTOCOL  OP  FISHEKIES  CO^'FERENCE. 

Washington,  November  22, 1887. 

The  Eislieries  Conference  baviuf?  Ibnnall.v  met,  the  Full  Powers  of  the 
Plenipoteutiiiries  were  exhibited  iiiul  foiniil  to  be  in  f^ood  and  duo  form, 
as  follows: 

Gkover  Cleveland,  PrcHident  of  tJie  United  States  of  America.  To 
all  to  whom  these  prescntn  shall  come,  Greeting  : 

Know  ye  that,  reposing  special  trust  and  cbnlidence  in  the  integrity 
and  ability  of  Thomas  F.  Bayard,  Secretary  of  State;  William  L.  Put- 
nam, of  Maine;  and  James  ]>.  Angell,  of  Michigan;  I  hereby  invest 
them  with  full  power  jointly  and  severally,  for  and  in  the  name  of  the 
United  States,  to  meet  and  confer  with  Plenipotentiaries  rejireseuting 
tiie  Government  of  Her  Britauio  Majesty,  for  the  purpose  of  consider- 
ing and  adjusting  in  a  friendly  spirit  all  or  any  questions  relating  to 
rights  of  lishery  in  the  seas  adjacent  to  Critish  IS^orth  America  and 
Newfoundland  which  are  in  dispute  between  the  Government  of  the 
United  States  and  that  of  Her  Britannic  Majesty,  and  any  othc^r  ques- 
tions which  may  arise  and  which  they  may  be  authorizeil  by  their  re- 
spective governments  to  consider  and  adjust;  and  I  also  fully  em- 
power and  authorize  the  said  Thomas  F.  Bayard,  William  L.  Putnam, 
and  James  B.  Angell,  jointly  and  sevenJly,  to  conclude  and  sign  any 
treaty  or  treaties  touching  tlie  premises,  for  the  final  ratification  of  the 
President  of  the  Uuitci  States,  by  and  with  the  advice  and  consent  of 
the  Senate,  if  such  advice  and  consent  be  given. 

In  testimony  Avhereoi',  I  have  caused  the  seal  of  the  United  States  to 

bo  hereunto  affixed. 

Given  under  my  hand  at  the  City  of  Washington  this  eighteenth 

day  oflNovember,  in  the  year  of  our  Lord  one  thousand  eight 

[SEAL,]  hundred  and  (3ighty-seven,  and  of  the  Independence  of  the 

'United  States,  the  one  hundredth  and  twelfth. 

G ROVER  Cleveland. 
Bv  the  President: 

T.  F.  Bayard, 

Secretary  of  State. 

Victoria  R.  &  1.  Victoria,  hy  the  Grace  of  God,  of  the  United  Kinp- 
dom  of  Great  Britain  and  Ireland]  Qiicoi,  Defender  of  the  Faith,  Empress 
of  India,  i{:e.,  <0c.,  d\'.,  To  All  and  Sinrjnlar  to  whom  these  Presents  shall 
vinue.  Greeting ! 

Whereas  ior  the  purpose  of  considering  and  adjusting  in  a  friendly 
spirit  with  Plenipoteniiaries  to  be  appointed  on  the  part  of  Our  tJood 
Friends  The  United  States  of  America  all  or  any  <]uestions  relating  to 
rights  of  Fishery  in  the  seas  adjacent  to  British  North  Aujerica  and 
Newfoundland  which  are  in  dispute  between  OurGov(!rnment  and  that 
of  Our  said  Good  Friends,  and  any  other  questions  which  may  arise 
which  the  respeclive  Plenipotentiaries  nuiy  be  authorized  by  their  Gov- 
ermnentstoconsiderand  adjust.  We  have  judged  it  expedient  to  invest 
lit  persons  with  Full  l\)wer  to  conduct  oil  Our  part  the  disi'ussions  in 
this  behalf.  Jvnow  Ve  therefore  that  We,  reposing  especial  trust  and 
confidence  in  the  wisdom,  loyalty,  diligence,  and  circumspection  of  Our 
Right  Trusty  and  Well  bciloved  Councillor  Joseph  Chaud)erlain,  a  Mem- 
ber of  Our  Most  Honorable  J'rivy  Council,  and  a  Member  of  Parliament, 


RELATIONS   WITU   CANADA. 


19 


&c.,  &c. ;  of  Onr  Trusty  and  Well  beloved  The  JIoTiorable  Sir  Lionel 
Sackville  Sackville  West,  Kuiglit  Comumiider  of  Onr  Most  Distiii- 
guislied  Order  of  St.  Michael  and  St.  Georjife,  Our  Envoy  Extraordi- 
nary and  Minister  Plenipotentiary  to  Our  said  (lood  Friends  tlie 
United  States  of  America,  &c.,  &c.,  and  of  Oin-  Ttnsty  and  Well  \)q- 
loved  Sir  Charles  Tapper,  Kniijht  Grand  Cross  of  Onr  Most  Distiii- 
^uished  Order  of  St.  Michael  and  St.  Geor;.je,  Companion  of  Onr  Most 
Honorable  Order  of  the  Bath,  Minister  of  Finance  of  the  Dominion 
of  (Janada,  &c.,  &c.,  have  named,  made,  constituted,  and  api)ointed, 
as  We  do  by  these  Presents  name,  nial;e,  constitute  and  appoint  them 
Our  undoubted  Plenipotentiaries:  Givinjj  to  them,  or  to  any  two  of 
them,  all  manner  of  power  and  authority  to  treat,  adjust,  and  conclude, 
witli  such  plenipotentiaries  as  may  be  vested  with  similar  power  and 
authority  on  the  part  of  Our  Good  Friends  The  United  States  of 
America,  any  Treaties,  Conventions,  or  Agreements  that  may  tend  to 
tlio  attainment  of  the  above  mentioned  end,  and  to  si,a:n  for  Us  and 
in  Onr  Name,  everything  so  agree<l  ujwn  and  (:oncln(h>d,  and  to  do  and 
transact  all  such  other  matters  as  .iiay  appertain  to  the  finishing  of  the 
aforesaid  work  in  as  ample  manner  and  form,  and  with  equal  force  and 
ellicienoy  as  We  IJurselves  could  do  if  Personally  present:  Engaging 
and  promising  upon  Our  Ivoyal  Word  that  whatever  things  shall  he  so 
transacted  and  concluded  by  Our  said  Pleni])otentiarie8  shall  be  agreed 
to,  acknowledged,  a-nd  accepted  by  Us  in  the  fullest  manner,  aiul  that 
We  will  never  sutler,  either  in  the  whole  or  in  part,  any  person  whatso- 
ever to  infringe  the  same,  or  act  contrary  thereto,  as  far  as  it  lies  in  Our 
Power.  In  witness  whereof  Wo  have  caused  the  Great  Seal  of  Onr 
United  Kingdom  of  Great  Britain  and  Ireland  to  be  attixed  to  these 
Presents  which  We  have  signed  with  Our  Koyal  Hand.  Given  at  Oui' 
Court  at  Balmoral  the  twenty-fourth  day  of  October  in  the  year  of  Our 
Lord  one  thousand  eiglit  hundred  and  eighty-seven,  an<l  in  the  fifty- 
(irst  year  of  Our  Reign. 

The  British  Plenipotentiaries  proposed  that  Mr,  Bayard,  Secretary  of 
State  of  the  United  Slates,  should  preside. 

Mr.  Bayard,  while  expressing  appreciation  of  the  i)roposal,  stated 
the  opinion,  in  which  the  other  Unite<l  States  Plenipotentiaries  con- 
curred, that  it  was  not  necessary  that  any  one  should  preside;  and  the 
proposal  was  permitted  to  rest. 

Mr.  John  B.  Moore,  Third  Assistant  Secretary  of  State  of  the  United 
States,  acting  as  Secretary  to  the  United  States  Plenipotentiaries,  an<l 
Mr.  ,J.  IT.  Vr.  Bergne,  C.  M.  G.,  Superintendent  of  the  Tivaty  Depart- 
ment of  the  British  Foreign  Office,  acting  as  secretary  to  the  British 
Plenipotentiaries,  were  recpiested  to  make  the  Protocols  of  the  (Jonfer- 
ence. 

After  some  discussion  of  questions  before  the  Conference,  it  was  ad- 
journed to  12  o'clock  m.  of  the  28th  of  November. 

PliOTOCOL. 

The  treaty  having  been  signed  by  the  British  Plenipotentiaries  de- 
sire to  state  that  tliey  have  been  considering  the  position  which  will  bo 
created  by  the  innnediato  comnuuicement  of  the  fishing  season  before 
the  Treaty  can  i)ossibly  be  ratified  by  the  Senate  of  the  United  States, 
by  the  Parliament  of  Canada,  and  the  Legislature  of  Newfoundland. 


\  u 


20 


RELATIONS   WITH   CANADA. 


J 


1 11  tlie  absence  of  such  ratification  the  old  coiiditioDS  wliicli  have  given 
rise  to  so  much  friction  and  irritation  might  be  revived,  and  might  in- 
terfere with  the  unprejudiced  consideration  of  the  Treaty  by  the  legis- 
hitive  bodies  concerned. 

Under  these  circumstances,  and  with  the  further  object  of  aftbrding 
eviden(;e  of  their  anxious  desire  to  promote  good  feebug  and  to  remove 
all  possible  subjects  of  controversy,  the  British  Plenipotentiaries  are 
ready  to  make  the  following  temporary  arrangement  for  a  period  not 
exceeding  two  years,  in  order  to  atlbrd  a  ^^  modus  vivendV'  pending  the 
ratification  of  the  Treaty. 

1.  For  a  period  not  exceeding  two  years  from  the  present  <late,  the 
l>rivilege  of  entering  the  bays  and  harbors  of  the  Atlantic  coasts  of 
Canada  and  Newfoundland  shall  bo  granted  to  United  States  tlshing 
vessels  by  annual  Licenses  at  a  fee  of  $J^  per  ton — for  the  following 
purposes : 

The  purchase  of  bait,  ice,  seines,  lines,  and  all  other  8ui>plies  and 
outfits. 
Transshipment  of  catch  and  shipping  of  crews. 

2.  If  (luring  the  continuance  of  this  arrangement,  the  United  States 
should  remove  the  duties  on  fish,  tish-oil,  whale  and  seal  oil  (and  their 
coverings,  packages,  &c.,),  the  said  Licenses  shall  be  issued  free  of  charge. 

3.  United  States  tlshing  vessels  entering  the  bays  and  harbors  of  the 
Atlantic  coasts  of  Canada  or  of  iSTewfoundland  for  any  of  the  four  ])ur- 
poses  mentioned  in  Article  I.  of  the  Convention  of  October  L*(),  1818, 
and  not  remaining  therein  more  than  twenty-four  hours,  shall  not  be 
required  to  enter  or  clear  at  the  custom  house,  providing  that  they  do 
not  communicate  with  the  shore. 

4.  Forfeiture  to  be  exacted  only  for  the  oftences  of  fishing  or  prejiar- 
iiig  to  fish  in  territorial  waters. 

5.  This  arrangement  to  take  ofifect  as  soon  as  the  necessary  measures 
can  be  completed  by  the  Colonial  Authorities. 

J.  Chamberlain. 
*  L.  S.  Sackville  West. 

Chables  Tupper. 
Wnakinglon^  Fchruarij  l.">,  1888. 

PROTOCOL. 

The  American  Plenipotentiaries  having  received  the  communication 
of  the  British  Plenipotentiaries  of  this  date  conveying  their  plan  for 
tiie  administration  to  be  observed  by  the  Governments  df  Canada  and 
Mewfoundlaiid  in  respect  of  the  Fisheries  during  the  period  which  may 
be  rctjuisito  for  the  consideration  by  the  Senate  of  the  Treaty  this  day 
signed,  and  the  enactment  of  the  legislation  by  the  respective  Govenl- 
mcnts  rherein  proposed,  desire  to  express  their  sntisfact ion  with  this 
manifestalion  of  an  intention  on  the  jiartof  the  British  Plenipotentiaries, 
by  the  means  referred  to,  to  maintain  the  relations  of  good  neighborhood 
between  the  British  Possessions  in  North  America  and  the  Uiiiteti  States; 
and  they  will  convey  the  communication  of  the  Jiritish  Plenipotentiaries 
to  the  President  of  the  United  States,  with  a  recommendation  that  the 
same  may  lie  by  him  made  known  to  the  Mcnate  for  its  information, 
together  witli  the  Treaty,  when  the  latter  is  submitted  to  that  body  for 
ratification. 

T.  F.  Bayard. 

William  L.  Putnam. 

James  B.  Angell. 
WasUngton,  February  15, 1888. 


Tltl I    .,.. 


TREATY 


JIRTWKEX  TIIK 


UNITED  STATES  AND  GREAT  BRITAIN. 


CLAIMS,  FISHERIES,  NAVIGATION  OF   THE  ST.  LAWRENCE,  &c.,  AMERICAN 
LUMBER  ON  THE  RIVER  ST.  JOHN,  BOUNDARY. 


CONCLIJDKD   MAY  8,   1871;   RATIFICATIOIsS    EXCHANGED   JUNE  17,    1871; 

PROCLAIMED  JUEY  4,  1871. 


BY  Tin:  rRI-:SIDENT  of  the  united  8TATES  OF  AMERICA. 
A  rilOGLAMATION. 

Wlieroiis  a  Treaty,  botweou  tlic  United  States  of  America  and  Her 
Majesty  Hie  (^Hieeii  of  the  United  Kinj^doiii  of  Great  Britain  'uul  Ire- 
land, concerning  the  settlement  of  all  csinses  of  difference  between  the 
two  conntries,  was  concluded  and  sijjned  at  Washington  by  the  High 
Commissioners  and  rienij)otentiaries  of  the  respective  Governments 
on  the  eighth  day  of  May  last;  which  Treaty  is,  word  for  word,  as  fol- 
lows: 

The  United  States  of  xKmeric^a  and  Tier  Britannic  Majesty,  being  de- 
sirous to  provide  for  an  amical)le  settlement  of  all  causes  of  difference 
between  the  two  countries,  have  for  that  purpose  appointed  their  re- 
s]ioctive  rieuipotentiaries,  thai  is  to  >say  :  The  I'resident  of  the  United 
Suites  luis  appointed,  on  the  part  of  tlie  United  Stj:tes,  as  Gommis- 
sioners  in  a  Joint  Iligh  Commission  and  Plenipotentiaries,  Hamilton 
ImsIi,  Secretary  of  State;  Bobert  Cumming  Schenck,  Knvoy  KNtraor- 
•  iiiiary  atul  Minister  rienipotentiary  to  Great  Britain  ;  Samuel  Kelson, 
an  Associate  Justice  of  the  Supremo  Court  of  the  United  States ; 
l^l)enezer  llockwood  Hoar,  of  Massachusetts  ;  an<l  George  Henry  Will- 
iams, of  Oregon;  and  Her  Britannic  Majesty,  on  her  part,  has  ap- 
juanted  as  her  High  Commissioners  and  rieuipotentiaries  the  Bight 
Honourable  George  rrederick  Samuel,  Earl  deGrey  and  Earl  of  Bipon. 
Viscount  Goderlch,  Baron  Grantham,  a  Baronet,  a  I'eer  of  the  United 
ivnigdoni.  Lord  President  of  Her  Majesty's  Most  Honourable  I'rivy 
Council,  Knight  of  the  Most  Noble  Order  of  the  Garter,  etc.,  etc. ;  the 

21 


■a 


22 


RELATIONS   WITH   CANADA. 


JU<^ht  Honourahle  Sir  Staflbril  Ucnry  Korthcoto,  Baronet,  one  of  Her 
Majesty's  Most  iroijouiablo  I'rivy  Council,  a  IMeiubor  of  Parliament,  a 
Coinj)ani(>n  of  tlio  Most  Flonourable  Order  of  the  l>ath,  etc.,  etc.;  Sir 
E<hvar(l  Tlsornt(Mi,  Kuigbt  (Jomnjander  of  tlio  Most  Honourable  Order 
of  the  Batli,  IJ<'r  Majesty's  Envoy  Extraordinary^  and  Minister  Plenipo- 
tentiary to  tlie  United  States  of  America;  Sir  Jolin  Alexander  Mac- 
donald,  Knight  Commander  of  the  Most  Honourable  Order  of  the  Datb, 
a  member  of  Her  Majesty's  Privy  Council  for  Canada,  and  Minister  of 
.Justice  and  Attorney  General  of  Her  Majesty's  Dominion  of  Canada; 
and  Monntague  Bernard,  Esquire,  Chichele  T'rofessor  of  Internationa! 
Law  in  the  University  of  Oxford. 

And  the  said  Plenipotentiaries,  after  having'  exchanged  their  full 
powers,  which  were  found  to  be  in  due  and  proper  form,  have  agreed  to 
and  concluded  the  following  articles: 

Article  T. 


Whereas  ditt'erences  have  arisen  between  the  Government  of  the 
United  States  and  the  Government  of  Her  Britannic  Majestj',  and  still 
exists,  growing  out  of  the  acts  committed  by  the  several  vessels  which 
have  given  rise  to  the  claims  generally  known  as  the  "Alabama 
Claims:" 

And  whereas  Her  Britannic  Majesty  has  authorized  her  High  Com- 
missioners and  Plenipotentiaries  to  express,  in  a  friendly  spirit,  the  re- 
gret felt  by  Her  Majesty's  Government  for  the  esca])o,  under  whatever 
circumstances,  of  the  Alabama  and  other  vessels  from  British  ports, 
and  for  the  depredations  committed  by  those  vessels: 

Now,  in  order  to  remove  and  adjust  all  complaints  and  claims  on  the 
part  of  the  United  States,  and  to  provide  for  the  speedy  settlement  of 
such  claims  which  are  not  admitted  by  Her  Britannic  Majesty's  Gov- 
ernment, the  high  contracting  parties  agree  that  all  the  said  claims, 
growing  out  of  acts  committed  by  the  aforesaid  vessels,  and  generically 
known  as  the  "Alabama  Claims,"  shall  be  referred  to  a  tribunal  of  arbi- 
tration to  be  composed  of  live  Arbitrators,  to  bo  ai)pointed  in  the  fol- 
lowing manner,  that  is  to  say :  One  shall  be  named  by  the'President  of 
the  United  States;  one  shall  be  named  by  Her  Britannic  Majesty;  His 
Majesty  the  King  of  Italy  shall  be.  requested  to  name  one  ;"the  President 
of  the  Swiss  Confederation  shall  be  requested  to  namejone ;  and  His 
Majesty  the  Emperor  of  Brazil  shall  be  requested  to  name  one. 

In  case  of  the  death,  absence,  or  incapacity  to  serve  of  any  or  cither 
of  the  said  Arbitrators,  or,  in  the  event  of  either  of  tlie  said  Arbitra- 
tors omitting  or  decliniiig  or  ceasing  to  act  as  such,  the  President  of 
the  United  States,  oi  Her  Britannic  Majesty,  or  His  Majesty  the  King 
of  Italy,  v>r  the  President  of  the  Swiss  Confederation,  or  His  Majesty 
the  Emperor  of  Br;zil,  as  tho  case  may  be,  may  forthwith  name 
another  i)erson  to  act  as  Arbitrator  in  the  place  and  stead  of  the  Arbi- 
trator originally  named  by  such  head  of  a  State. 

And  in  the  event  of  the  refusal  or  oujission  for  two  months  after  ro. 
eeij>t  of  the  request  from  either  of  the  high  contracting  parties  of  His 
Majesty  the  King  of  Italy,  or  the  President  of  the  Swiss  Confederation, 
or  ilis  Majesty  the  Emi^eror  of  Brazil,  to  name  an  Arbitrator  either  to 
fill  the  original  Hpi)ointment  or  in  the  place  of  one  who  may  have  died, 
be  absent,  or  incapacitated,  or  who  may  omit,  decline,  or  from  any  cause 
xjease  to  act  as  such  Arbitrator,  His  Maje8ty]|the  King  of  Sweden  and 
Norway  shall  be  requested  to  name  one  or  more  persons,  as  tho  case 
may  be,  to  act  as  such  Arbitrator  or  Arbitrators. 


RELATIONS    WITH    CANADA. 


29 


Article  II. 

Tbc  Arbitrators  shall  meet  atOeneva,  in  Switzerland,  at  the  earliest 
convenient  day  after  they  shall  have  been  named,  and  shall  proceed 
impartially  aud  carefully  to  examine  and  decide  all  questions  that  shall 
be  laid  before  then-  on  the  part  of  the  Governments  of  the  United 
States  and  Iler  Britannic  Majesty  respectively.  xVll  questions  consid- 
ere«l  by  the  tribunal,  inclutliug  the  final  award,  shall  be  decided  by  a 
laajoiity  of  all  the  Arbitrators. 

iiach  of  the  high  contracting?  i)arties  shall  also  name  one  pers<m  to 
attend  the  tribunal  as  its  Agent  to  represent  it  generally  in  all  matters 
connected  with  the  arbitration. 


Article  III. 

The  written  or  x)rinted  case  of  each  of  the  two  parties,  accompanied 
by  the  documents,  the  official  correspondence,  and  other  evidence  on 
which  each  reliei^.,  shall  be  delivered  in  duplicato  to  tich  of  the  Arbi- 
trators and  to  the  Agent  of  the  other  party  as  soon  as  may  be  after  the 
organization  of  the  tribunal,  but  within  a  period  not  exceeding  six 
months  from  the  date  of  the  exchange  of  the  ratifications  of  this  treaty. 


Article  IV. 

^Vithin  f5ur  months  after  the  delivery  on  both  sides  of  the  written  or 
printed  case,  either  party  may,  in  like  manner,  deli\'er  in  duplicate  to 
each  of  the  said  Arbitrators,  and  to  the  Agent  of  the  other  party,  a 
counter  case  and  additional  documents,  correspondence,  and  evidence, 
in  reply  to  the  case,  documents,  correspondence,  and  evidence  so  pre- 
sented by  the  other  party. 

The  Arbitrators  may,  however,  extend  the  time  for  delivering  such 
counter  case,  documents,  correspondence,  and  evidence,  when,  in  their 
judgment,  it  becomes  necessary,  in  consequence  of  the  distance  of  the 
place  from  which  the  evidence  to  be  presented  is  to  be  procured. 

If  in  the  case  submitted  to  the  Arbitrators  either  party  shall  have 
specified  or  alluded  to  any  report  or  document  in  its  own  exclusive 
possession  without  annexing  a  copy,  such  party  shall  be  bound,  if  the 
other  party  thinks  proper  to  apply  for  it,  to  furnish  thtit  party  with  a 
copy  thereof;  and  either  party  may  call  upon  the  other,  through  the 
Arbitrators,  to  produce  the  originals  or  certified  copies  of  any  i)aper3 
adduced  as  evidence,  giving  in  each  instance  such  reasonable  notice  is 
tiie  Arbitrators  may  require. 

Article  V. 

It  shall  be  the  duty  >f  the  Agent  of  each  party,  within  two  months 
after  the  expiration  of  the  time  limited  for  the  delivery  of  the  counter 
case  on  both  sides,  to  deliver  in  duplicate  to  each  of  the  said  Arbitra- 
tors and  to  the  Agent  of  the  other  party  a  written  or  printed  argument 
showing  the  points  and  referring  to  the  evidence  upon  which  his  Gov- 
ernmcTit  relies;  and  the  Arbitrators  nuiy,  if  thoy  desire  further  eluci- 
dation with  regard  to  any  point,  require  a  written  oo  printed  statement 
or  argument,  or  oral  argument  by  counsel  upon  it;  but  in  such  case 
the  other  party  shall  be  entitled  to  reply  either  orally  or  in  writing,  as 
Ihe  case  may  be. 


24 


RELATIONS   WITH   CANADA. 


Aetiole  VI. 

In  deciding  the  matters  submitted  to  <^be  Arbitrators,  tbey  shall  be 
governed  by  tlie  following  three  rules,  wuich  are  agreed  upon  by  the 
high  contracting  parties  as  rule?  to  be  taken  as  applicable  to  the  case, 
and  by  such  principles  of  iuteuiational  law  not  inconsistent  therewith 
as  the  Arbitrators  shall  determine  to  have  been  applicable  to  the  case. 

RULES. 

A  neutral  Government  is  bound — 

First,  to  use  due  diligence  to  prevent  the  flitting  out,  arming,  orequip- 
])ing,  within  its  jurisdiction,  of  any  vessel  which  it  has  reasonable  ground 
to  believe  is  intendcvl  to  cruise  or  to  cany  on  war  against  a  T^)wer  with 
which  it  is  at  peaco;  and  also  to  use  like  diligence  to  prevent  the  de- 
parture from  its  jurisdiction  of  any  vessel  intended  to  cruise  or  carry  on 
war  as  above,  such  vessel  having  been  specially  adapted,  in  whole  or  in 
part,  wiihin  such  jurisdiction,  to  warlike  use. 

Secondly,  not  to  permit  or  sufier  either  belligerent  to  nuike  use  of  its 
ports  or  waters  as  the  base  of  naval  operations  against  the  other,  or  for 
the  purpose  of  the  renewal  or  augmentation  of  military  supplies  or  arms, 
or  ilie  recruitment  of  men. 

Thirdly,  to  exercise  due  diligence  in  its  own  ports  and  waters,  and,  as 
to  all  persons  within  its  jurisdiction,  to  ])rcvent  any  violation  of  the 
foregoing  obligii^ions  and  duties. 

lier  J'.ritannic  Majesty  hr.s  commanded  her  High  Conmissiouers  and 
Plenii)otentiaries  to  declare  that  tier  Majesty's  Government  cannot  as- 
sent to  the  foregoing  rules  as  a  statement  of  principles  of  interna 
tional  law  which  were  in  force  at  the  time  when  the  claims  mentioned 
in  Article  1  arose,  but  that  Her  Majesty's  Government,  in  order  to  evince 
its  desire  of  strengthening  the  friendly  relations  between  the  two  coun- 
tries and  of  making  satisfactory  provision  for  the  future,  agrees  that  in 
deciding  thci  questions  between  the  two  countries  arising  out  of  those 
elairns,  the  Arbitrators  should  assume  that  Her  Majesty's  Government 
had  undertaken  to  act  upon  tlie  i)rinciples  set  forth  iti  these  rules. 

And  the  high  contracting  parties  agree  to  observe  these  rules  as  be- 
tween themselves  in  future,  and  to  bring  ihem  to  the  knowledge  of  other 
maritime  Towers,  and  to  invito  them  to  accede  to  them. 


Aeticle  VII.  • 

The  decision  of  the  tribunal  shall,  if  possible,  be  made  within  three 
months  from  the  <!lose  of  the  argument  on  both  sides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the 
Arbitriitors  who  may  assent  to  it. 

The  said  tribunal  shall  first  determine  as  to  each  vessel  separately 
whether  Great  JUitain  has,  by  any  act  or  omission,  failed  to  fulfil  any 
of  the  duties  set  forth  in  the  foregoing  three  rules,  or  recognized  by 
the  i)rinciples  of  iiiternational  law  not  inconsistent  with  sucli  rules, 
and  shall  certify  such  fact  as  to  each  of  the  said  vessels.  In  case  tlu' 
tribiiiiiil  find  that  Great  JJritain  has  failed  to  InUll  any  duty  or  dutie;s 
as  aforesaid,  it  may,  if  it  think  proper,  proceed  to  award  a  sum  in  gross 
to  be  paid  by  Great  .Hrilain  t(*  the  United  Htatos  for  all  the  claims 
referred  to  it:  Hn<l  in  such  case  the  gross  sum  so  award^^d  shall  bo  paid 
ill  coin  by  the  Government  of  Great  JJritnhi  to  the  Government  of 


RKLATIONS   WITU   CANADA. 


25 


ilie  United  States,  at  Wasliingtou,  within  twelve  inoiith«  after  the  date 
of  tbe  award. 

The  award  shall  be  iu  duplicate,  one  eoi).y  whereof  shall  be  delivered 
to  the  Agent  of  the  United  States  for  liis  Government,  and  the  other 
oopy  shall  be  delivered  to  the  Agent  of  Great  Britain  for  his  Govern- 
ment. 

Article  VIII. 

Each  Government  shall  pay  its  own  Agent  and  provide  foi-  the  proper 
remuneration  of  the  counsel  employed  by  it  and  of  the  Arbitrator 
appointed  by  it,  and  for  the  oxponso  of  preparing  and  submittiug  its 
case  to  the  tribunal.  All  other  expenses  connected  with  the  arbitration 
shall  be  defrayed  by  the  two  Governments  in  equal  moiet-cs. 

Article  TX. 

Tlui  Arbitrators  shall  keep  an  accurate  record  of  their  proceedings, 
and  mfiy  api)oint  and  employ  the  necessary  officers  to  assist  tliem. 

Article  X. 

Tri  case  vhe  tribunal  (iiids  tluvt  Great  Britain  has  failed  to  fulfil  any 
(Inty  or  duties  as  aforesaid,  and  does  not  award  a  sum  iu  gross,  the 
liigJi  contracting  parties  agree  that  a  board  of  assessors  shall  bo  aj>- 
jiuinted  to  ascertain  and  determine  what  claims  are  valid,  and  what 
amount  or  anu)unts  shall  be  paid  b.y  Great  IJiitain  to  the  United  States 
on  account  of  the  liability  arising  from  such  failure,  as  vo  each  vessel, 
according  to  the  extent  of  such  liability  as  detlded  by  the  Arbitrators. 

The  board  of  assessors  shall  be  constituted  as  follows:  One  member 
thereof  shall  be  named  by  the  l*resident  of  the  Unite«l  States,  one 
member  thereof  sjall  \)e  niimod  by  Tier  Britannic  Majesty,  and  one 
member  thereof  shall  be  named  by  the  liepresentative  at  Washington 
of  Ilis  Majesty  the  King  of  Italy :  autl  in  case  of  a  vacancy  Jiappening 
from  any  cause,  it  slmll  be  lllled  in  the  same  r/ianner  in  which  the 
original  appointment  was  nuuh;. 

As  soon  as  ])ossible  after  such  nominations  the  l)oard  of  assessors 
shall  be  organ i/.iMl  in  Washington,  with  power  to  hold  their  sittings 
there,  or  in  Mew  York,  or  in  IJoston.  The  members  thereof  shall  sev- 
erally subs(!ribe  a  solemn  declaration  that  they  will  impartially  ami 
carefiillv  «'\aniine  antl  decide,  to  the  best  of  their  judgment  and  accord- 
i"}?  to  j>isii(',e  and  eipiity,  all  matti.TS  submitled  to  them,  and  shall 
foithwilh  i>rocee(l,  under  such  rules  and  regulations  as  they  may  pie- 
scribe,  to  the  investigation  of  the  claims  which  shall  be  invsented  to 
them  by  the  (Jovcrument  of  the  United  Sl"ates,  and  shall  examine  ami 
decide  upon  them  iu  such  order  and  manner  as  they  umy  think  proper, 
but  u])on  such  evidence  or  information  only  as  shall  be  fuiiiislied  by 
or  on  hehalfof  the  Governments  ul'  the  (Tnlted  Srates  and  of  (Jreat 
Britain,  iesi)ectively.  They  shall  be  bound  \u  heai*  on  each  separate 
claim,  if  required,  one  person  on  behalf  of  each  (Jlovernm(Mit,  as  coun- 
sel nr  agent.  A  maj«uity  of  the  Assessors  iu  each  case  shall  be  snUi 
cient  for  a  decision. 

T'he  decision  of  tiio  Assessors  shall  be  given  ui)on  each  claim  in 
writing,  and  shall  be  sigm-d  by  IIk^ui  respectively  and  dated. 

Kvery  claim  shall  be  nresented  to  the  Assessors  within  six  months 
from  the  day  oi"  their  iirst  mer'.ting,  but  they  may,  for  good   (iausy 


I 


i 


26 


RELATIONS    WITH   CANADA. 


shown,  extend  the  time  for  the  presentation  of  any  claim  to  a  further 
period  not  exceeding  three  months. 

The  Assessors  shall  report  to  each  Government,  at  or  before  the  ex- 
piration of  one  year  fioin  the  date  of  th(iir  first  meeting,  the  amount  of 
claims  decided  by  them  up  to  thtj  dat«i  of  bach  report;  if  further 
claims  then  remain  undecided,  they  shall  make  a  further  report  at  or 
before  the  expiratiou  of  two  years  from  the  <late  of  such  first  meeting; 
and  in  case  any  claims  remaiii  undetermined  at  that  time,  they  shall 
make  a  final  report  within  a  further  period  of  six  months. 

The  report  or  reports  shall  be  made  in  duplicate,  and  one  copy  thereof 
shall  be  delivered  to  tlie  Secretary  of  Stale  of  the  United  States,  and 
one  copy  thereof  to  the  Representative  of  Uer  Britannic  Majesty  at 
Washingtcu. 

All  sums  of  moMcy  which  nmy  be  awarded  under  this  article  shall  be 
payable  at  Washington,  in  coin,  within  twelve  months  after  the  de- 
livery of  each  report. 

The  board  of  assessors  amy  employ  such  clerks  as  they  shall  thir.k 
necessary. 

The  expenses  of  the  board  of  assessors  shall  be  borne  equallj^  by  the 
two  (rovernments,  and  paid  from  time  to  time,  as  may  be  found  expe- 
dient, on  the  production  of  accounts  certified  by  the  board.  The  re- 
muneration of  the  Assessors  shall  also  be  paid  by  the  two  Governments 
in  equal  moieti<js  in  a  similar  manner. 

abtiole  xr. 

The  high  contracting  parties  engage  to  (Consider  flio  result  of  the  pro- 
ceedings of  tlio  tribunal  of  arbitration  and  of  the  board  of  Assessors, 
should  such  board  be  appointed,  as  a  full,  i)erfect,  and  final  settlement 
ofjiU  (he  claims  hereinbefore  referred  to;  and  further  engage  that  every 
such  claim,  whether  the  same  inay  or  may  not  have  been  presented  to 
the  notice  of,  made,  preferred,  or  laid  before  the  tribunal  or  board,  shall, 
Irom  aiul  after  the  conclusion  of  the  proceedings  of  the  tribunal  or  board, 
be  considered  and  treated  as  finally  settled,  barred,  and  thenceforth  in- 
admissible. 

Article  XII. 

The  high  contracting  parties  agree  that  all  claims  on  the  part  of  cor- 
porations, companies,  or  private  individuals,  citizens  of  the  United 
States,  ni)on  the  Government  of  ITer  P.ritannic  i\lajesty,  arising  out  of 
acts  committed  against  the  persons  or  i>roperty  of  citizens  of  the  Unifed 
States  during  the  period  between  the  thirteenth  of  April,  eighteen  hui'- 
dred  and  sixty-one,  and  the  ninth  of  April,  eighteen  hundred  and  sixty- 
live,  inclusive,  not  being  claims  growing  out  of  the  acts  of  the  vessels 
referred  to  in  Article  I  of  this  treaty,  and  all  claims,  with  the  like  ex- 
ccj)ti()n,  on  the  part  of  corixirations,  companies,  or  j)rivate  individuals, 
subjects  of  Her  JJritannic  Majesty,  uj)on  the  Government  of  the  United 
States,  arising  out  of  acts  committed  against  the  persons  or  j)ropert,> 
of  suii.jects  of  Her  Britannic  Majesty  during  tlu^  same  i)erio(l,  which 
may  hav<>  been  presented  to  either  Government  tor  its  interposition 
with  the  other,  and  which  yet  lemaiii  unsettled,  as  well  as  any  other 
such  claims  which  may  be  presented  within  the  timespecilK'd  in  Article 
XIV  of  this  treaty,  shall  bo  referred  to  thret'.  Commissioners,  to  Ivi  ap- 
pointcil  in  the  followirig  nuiinu'i',  that  is  to  say:  One  (vomnnssioner 
shall  be  named  by  the  President  of  the  United  States,  one  by  Jler 
Britannic  Majesty,  and  a  third  by  the  President  of  the  United  States 


KELATIONS  WITH   CANADA. 


m 


and  Her  Britannic  Majesty  conjointly;  and  in  case  the  third  Commis- 
sioner shall  not  have  been  so  named  within  a  period  of  three  months 
iVoiu  the  date  of  the  exchanpe  of  the  ratifications  of  tliis  treaty,  then 
the  third  Commissioner  shall  be  named  by  the  liopresentative  at  Wash- 
ington of  ICis  Majesty  the  King  of  Spain.  In  case  of  the  death,  ab- 
sence, or  incapacity  of  any  Commissioner,  or  in  the  event  of  any  Com- 
missioner omitting  or  ceasing  to  act,  the  vacnncy  shall  be  tilled  in  the 
manner  hereinbefore  provided  for  making  the  ori*,Mnal  appointment; 
the  period  of  three  months  in  case  of  such  substitution  being  calcu- 
lated from  the  date  of  the  happening  of  the  vacancy. 

The  Commissioners  so  uaujed  shall  meet  at  Washington  at  the  earliest 
convenient  period  after  they  have  been  respectively  named  ;  and  shall, 
before  proceeding  to  any  business,  make  and  subscribe  a  solemn  decla- 
ration that  they  will  im})artially  and  carefully  examine  and  decide,  to 
the  best  of  their  judgment,  and  according  to  justice  and  equity,  all 
such  claims  as  shall  bo  laid  before  them  on  the  part  of  the  Governments 
of  the  United  States  and  of  Her  Britannic  Majesty,  resi)ectively  :  and 
such  declaration  shall  be  entered  on  the  record  of  their  proceedings. 

Article  XIII. 

The  Commissicnors  shall  then  forthwith  proceed  to  the  investigation 
oftheclarms  which  shall  be  i)resented  to  them.  Tliey  shall  investi- 
gate and  decide  such  claims  in  such  order  and  such  maiiner  as  they  may 
think  proper,  but  upon  such  evidence  or  information  only  as  shall  be 
furnished  by  or  on  behalf  of  the  respective  Governments.  They  shall 
be  bound  to  receive  and  consider  all  written  documents  or  statements 
which  may  be  presented  to  them  by  or  on  behalf  of  the  respective  Gov- 
ernments in  support  of,  or  in  answer  to,  any  claim,  and  to  hear,  if  re- 
quired, one  person  on  each  side,  on  behalf  of  each  Government,  as  coun- 
sel or  agent  for  such  Government,  on  each  and  every  separate  claim. 
A  majority  of  the  Commissi(>ners  shall  be  suflicient  for  an  award  in 
each  case.  The  award  shall  be  given  upon  each  claim  in  writing,  and 
shall  be  signed  by  the  Commissioners  assenting  to  it.  It  shall  be  com- 
l)etent  for  eai'li  Government  to  name  one  person  (o  attend  the  (Jommis- 
siouers  as  its  agent,  to  present  and  sui)port  claims  on  its  behall',  and 
to  answer  claims  made  upon  it,  and  to  present  it  generally  in  all  matters 
connected  with  the  investigation  and  decision  thereof. 

The  high  contracting  parties  liereby  engage  to  consider  the  ilecision 
of  the  Commissioners  as  absolutely  final  and  conclusive  upon  eaijh 
claim  dt",ided  pon  by  them,  and  to  give  full  efltect  to  such  decisions 
without  any  objection,  evasion,  or  delay  whatsoever. 

AUTICLE  XIV. 

Every  clain  shall  be  presented  to  the  Commissioners  within  six 
months  from  the  day  of  their  first  meeting,  unless  in  any  case  where 
reasons  for  delay  shall  be  established  to  the  satisfaction  of  the  Com- 
missioners, and  then,  and  in  any  such  case,  the  period  for  inesenfing 
the  ("lain)  may  be  extended  by  them  to  any  time  not  exceeding  three 
months  longer. 

The  Commissioners  shall  be  bound  to  examine  and  decide  upon  every 
claim  within  two  years  from  the  day  of  their  first  meeting.  It  shall 
be  com|)etent  I'or  the  Commissioners  to  decide  in  each  cas  whether  any 
claim  has  or  has  not  been  tluly  mil  le,  preferred,  and  laid  befcto  theui, 
either  wholly  or  to  any  and  w'hat  extent,  according  to  the  true  intent 
iind  mcuning  of  this  treaty. 


I 


28 


RELATIONS   WITH   CANADA. 


Article  XV. 


ilMI 


8  of  money  which  may  bo  awarded  by  the  Commissioners  on 
any  chiim  shall  be  paid  by  the  one  (xovernment  to  the  other, 


All  sums 

account  of  iUi.,  v>.t...i.  o...^.-  ..v.  i,....^  ^^  ^ -^ — -., 

as  the  case  may  be,  within  twelve  months  after  the  date  of  the  final 
award,  without  interest,  and  without  any  deduction  save  as  specified  in 
Article  XVI  of  this  treaty. 

Aktk  LE  XVI. 

The  Commissioners  shall  keep  an  accurate  record,  and  correct  min- 
utes or  notes  of  all  their  proceedings,  with  the  dates  thereof,  and  may 
appoint  and  employ  a  secretary,  and  any  other  necessary  officer,  or  ofli- 
(;evs,  to  assist  them  in  the  transaction  of  the  busines.  vhich  may  come 
before  them. 

Each  Government  shall  pay  its  own  Commissioner  and  Agent  or 
Counsel.  All  other  expenses  shall  be  defrayed  by  the  two  Govern- 
ments in  equal  moieties. 

The  whole  expenses  of  the  commission, including  contingent  expenses, 
shall  be  defrayed  by  a  ratable  deduction  on  the  amount  of  the 'iuuis 
awarded  by  the  Commissioners,  provided  always  that  such  deduction 
shall  not  exceed  the  rate  of  live  per  cent,  on  the  sums  so  awarded. 

xVrticle  XVI T. 

The  high  c«)ntracting  parties  engage  to  consider  the  result  of  the  pro- 
ceedings of  this  commission  as  a  lull,  perfect,  and  final  settlement  ol 
all  such  claims  as  are  mentioned  in  Article  XII  of  this  treaty  upon 
either  Government ;  and  further  eugage  that  every  such  claim,  whether 
or  not  the  same  may  have  been  presented  to  the  notice  of,  made,  pre- 
ferred, or  laid  beibre  the  said  commission,  shall,  from  and  alter  the  con 
elusion  of  th.e  proceedings  of  the  said  commission,  be  considered  and 
treated  as  finally  settled,  barred,  and  thenceforth  inadmissible. 

Aetiole  XVIil. 

It  is  agreed  by  the  high  contracting  parties  that,  in  addition  to  tln^ 
liberty  secured  to  the  United  States  fishermen  by  the  (convention  he- 
tweeii  the  United  States  and  Great  Jiritaiu,  signed  at  London  on  the 
2(Mh  day  of  October,  1818,  of  taking,  curing,  and  drying  fish  on  certain 
coasts  of  the  Ikitish  North  American  Colonies  therein  defined,  the  iu 
habitants  of  the  United  States  shall  have,  in  counnon  with  the  subjects 
of  Iler  liritannic  Majesty,  the  liberty,  for  the  term  of  years  mentioned 
in  AriJcle  XXXI J I  of  this  treaty,  to  take  fish  of  every  kind,  except 
shellfish,  on  the  sea-coasts  and  shores,  and  iv  the  bays,  harbours,  and 
creeks,  of  the  provinces  of  Qu(d)ec,  Nova  Scotia,  and  ISew  IJnmswick, 
and  the  colony  of  Prince  Edward's  Island,  and  of  the  several  islands 
tlK'reuuto  adjacent,  without  being  restricted  to  any  distance  from  tho 
HJiore,  with  permission  to  land  upon  the  said  coasts  •ind  shores  uiid 
islands,  and  also  upon  the  TVlagilalen  IshindH,  Un-  the  purpose  of  drying 
their  n(;ts  and  curing  their  fish;  provi«led  that,  in  so  <U)ing,  (hey  do 
m)t  interfere  with  the  rights  of  ])rivato  property,  or  with  JbitisU  fisher- 
men, in  the  pea(!eable  use  of  any  part  of  the  said  coasts  in  their  occu 
pancy  for  the  same  ]»urpi>se. 

It  is  niiderstood  that  (he  abov(Mni'nli(nu'd  liberty  ap[>liris  solely  to 
the  sea  fishery,  and  that  the  salmon  and  shad  fisheries,  and  all  other 

! 


RELATIONS   WITH   CANADA. 


29 


(ishinies  in  ri\ers  and  the  inoiitUs  of  rivers,  are  hereby  reserved  exclu- 
sively for  British  lishermeii. 

Article  XIX. 

It  is  agreed  by  the  liigU  coDtractiug  inirtioH  that  British  subjects 
shall  have,  in  common  with  ihe  citizens  of  the  United  States,  the  1Kb- 
erty,  for  the  term  of  years  mentioned  in  Article  XXXUI  of  this  treaty, 
to  take  fish  of  ev^ry  kind,  except  shell-lish,  on  the  eastern  sea  coasts 
and  shores  of  the  United  States  nortli  of  the  thirty-ninth  parallel  of 
north  latitude,  and  on  the  shores  of  the  seviMul  islands  thereunto  ad 
jacent,  and  in  the  bays,  harbours,  and  creeks  of  the  said  sea-coasts  and 
shores  of  the  United  States  aud  of  the  said  islands,  Avithout  being 
restricted  to  any  distance  from  the  shore,  with  i)ermission  to  land  upon 
the  said  coasts  of  the  United  States  and  of  the  islands  aforesaid,  for  the 
])nrpose  of  drying  their  nets  and  curing  their  lish;  i)rovided  that,  in  so 
doing,  they  do  not  interfere  with  the  riglits  of  private  property,  or 
with  the  fishermen  of  the  United  States  in  the  peaceable  use  of  any 
part  of  the  said  coasts  in  their  occupancy  for  the  same  purpose. 

Jt  is  understood  that  the  al.  '  nentioncHl  liberty  applies  solely  to  the 
sea  fishery,  and  that  salmon  suiu  «had  fisheries,  and  all  other  fisheries 
in  rivers  and  mouths  of  rivers,  are  hereby  reserved  exclusively  lor  llsh- 
<'rmen  of  the  United  States. 

Article  XX. 

It  is  agreed  that  the  places  designated  by  the  Commissioners  ap- 
pointed under  the  first  article  of  the  treaty  between  the  United  States 
and  Great  Britain,  concluded  at  Washington  on  the  ath  of  June,  18.U, 
upon  the  coasts  of  Her  Britannic  Majesty's  dominions  aud  the  United 
States,  as  places  reserved  from  the  common  right  of  fishing  under  that 
Ire.'ity,  shall  be  regarded  as  in  like  manner  reserved  iiom  the  common 
1  ight  of  fishing  under  the  preceding  arti(!los.  In  case  any  question 
slumhl  arise  between  the  (loverumeiits  of  the  United  States  and  of  Her 
IJiitannic  Mujesty  as  to  the  commou  right  of  fishing  in  i)hu'es  not  thus 
designated  as  reserved,  it  is  agreed  that  a  conunission  ,^hall  be  uppointed 
to  designate  such  places,  and  shall  bo  constituted  in  the  same  manner, 
a  lid  "have  the  san)e  powers,  duties,  and  authority  as  the  conunission  ap- 
pointed under  the  said  first  article  of  the  treaty  of  the  5th  of  June, 
bSal. 

Article  XXI. 

It  is  agreed  that,  for  the  term  of  years  numtioned  i'.i  Arti'ile  XXXIll 
of  this  treaty,  fish  oil  and  lish  of  all  kinds,  (except  fish  of  the  inkmd 
I;tKt's,  and  of  the  rivers  Jailing  into  them,  ami  ex(!ept  fish  preserved  in 
oil,)  being  the  produce  of  the  fisheries  of  th(\  Uniird  States,  or  of  the 
I)t)niiniou  of  Uanada,  or  of  Prince  ICdward's  Island,  shall  be  admitted 
into  each  country,  respectively,  free  of  duty. 

Ahtkji-io  XX If. 

Inasitnudi  as  it  is  asserted  by  the  (JovernnuMil  of  Her  Britannic  MaJ- 
«'sty  that  the  privileges  acieordcd  to  (he  citizens  of  the  United  States 
utuhr  Article  XVIII  of  this  treaty  are  of  greater  value  than  tliose  ac- 
cordefl  by  Articles  XIX  aud  XXI  of  this  treaty  to  the  subjects  Of  Her 
liritiiijuic  Majesty,  aud  this  aj'sei'tioii  is  not  admitted  by  the  llovcru- 


; 


30 


RELATIONS   WITH    CANADA. 


meiit  of  tbe  United  States,  it  is  further  agreed  that  Coramissioners  sliall 
be  a])pointed  to  determine,  having  regard  to  the  privileges  Jiccorded  by 
the  United  States  to  the  subjects  of  Ue"r  Jiritannic  Majesty,  as  stated 
in  Articles  XIX  and  XXI  of  this  treafy,  the  amotint  of  any  compensa- 
tion which,  in  their  opinion,  ought  to  be  paid  by  theriovernmentof  tl)c 
United  States  to  the  Government  of  Ilcr  Britannic  Majesty  in  return 
for  tl»e  privileges  accorded  to  the  citizens  of  the  United  States  undiir 
Article  XYlIl  of  this  treaty;  and  that  any  sum  of  money  which  the 
said  Commissioners  may  so  award  shall  bo  paid  by  the  United  States 
Government,  in  a  gross  sura,  within  twelve  months  after  such  award 
shall  have  been  given, 

Artiole  XXIII. 


■3 


The  Commissioners  referred  to  in  the  jireceding  article  shall  be  ap- 
I)ointed  iii.  the  following  manner,  that  is  to  say:  One  (Commissioner  shall 
be  named  by  the  l*resident  of  the  United  States,  one  by  Her  Britannic 
Majesty,  and  a  third  by  the  Presideut  of  the  United  States  and  Her 
Britannic  Majesty  conjointly:  and  in  case  the  third  Commissioner  shall 
not  have  been  so  named  within  a  period  of  three  months  from  the  date 
when  this  article  shall  tal:e  effect,  then  the  third  Commissioner  shall  be 
named  by  the  Representative  at  i^ondon  of  IJis  Majesty  the  Emi)erorof' 
Austria  and  King  of  Hungary.  In  case  of  the  death,  absence,  or  inca- 
pacity of  any  Commissioner,  or  in  the  event  of  any  Commissioner  omit- 
ting or  ceasing  to  act,  the  vacancy  shall  bo  filled  in  the  manner  herein- 
before i)rovi{led  for  making  the  original  appointment,  the  period  of  three 
months  in  case  of  such  substitution  being  calculated  from  the  date  oi 
the  happening  of  the  vacancy. 

The  Commissioners  so  named  shall  nieet.  in  the  city  of  Halifax, in  the' 
])rovince  of  Kova  Scotia,  at  the  earliest  convenient  i)eriod  after  they 
have  been  respectively  named,  and  shall,  before  pro(;ecding  to  any  busi- 
ness, make  and  subscribea solemn  declaration  that  they  will  impartially 
and  carefully  examine  am  decide  the  matters  referred  to  them  to  th»' 
best  of  their  judgment,  and  according  to  justice  and  equity  ;  and  such 
declaration  shall  be  entered  on  the  reconl  of  their  proceedings. 

Each  of  the  high  contracting  parties  shall  also  name  one  person  to 
attend  the  commission  as  its  Agent,  to  represent  it  generally  in  all  mat- 
ters connected  with  the  commission. 


AUTICLE  XXIV. 

The  proceedings  shall  be  conducted  in  su<'h  order  as  the  Commis- 
sioners ap])oiiited  under  Articles  XXII  and  XXIII  of  this  treaty  shMll 
determine.  They  shall  be  bound  to  receive  such  oral  or  v\?j'itten  testi- 
mony as  either  GovxM'innent  nniy  jiresent.  Jf  either  party  shall  offer 
oral  testimony,  lh(i  other  i)arty  shall  have  the  right  of  cross-examina- 
aon,  under  such  rules  as  the  Commissioncus  shall  prescribe. 

If  in  the  cum  submitted  to  the  Commissioners  either  party  shall  have 
specihed  or  alluded  to  any  report  or  document  in  its  own  exclusive  |)os 
session,  without  annexing  a  copy,  such  party  shall  be  bound,  if  the  other 
party  thinks  proper  to  apply  for  it,  to  furin'sh  that  party  witli  a  coi)y 
tiici;eof;  and  either  party  may  call  upon  the  other,  through  the(jommis- 
sioners,  to  produce  the  originals  or  certihed  copies  of  any  pai)ers  ad 
diu;ed  as  evidence,  giving  m  each  instance  such  reasonable  notice  as  the 
Commissioners  nuiy  riMpiire. 

I^he  case  on  either  side  shall  be  closed  within  a  period  of  six  months 
fr^m  the  date  of  tho  organization  of  the  Commission,  and  the  Commis 


RELATIONS    WITH    CANADA. 


»1 


sioners  shall  be  requested  to  ^ive  their  award  as  soon  as  possible  there- 
after. Tlie  aforesaid  period  of  six  moutha  may  be  extended  for  three 
months  in  ease  of  a  vacancy  occurring  among  the  Oommissionars  under 
the  circuu)stances  contemplated  in  Article  XXIII  of  this  treaty. 

Article  XXV. 

The  Commissioners  shall  keep  an  accurate  record  and  correct  minutes 
or  notes  of  all  their  proceedings^  with  the  dates  thereof,  and  may  ap- 
point and  employ  a  Secretary  and  any  other  necessary  ofiicer  or  otilcers 
to  assist  them  in  the  transaction  of  the  business  which  may  come  be- 
fore Lhem 

Each  of  the  high  contracting  parties  shall  pay  its  own  Commissioner 
and  Agent  or  Counsel ;  all  other  expenses  shall  be  defr/iyed  by  the  two 
Governments  in  equal  moieties. 

Article  XXVI. 

The  navigation  of  the  river  St.  Lawrence,  ascending  and  descending, 
from  the  ibrty-lifth  parallel  of  north  latitude,  where  it  ceases  to  form 
the  boundary  between  the  two  countries,  from,  to,  and  into  the  sea, 
shall  forever  remain  free  and  open  for  the  purposes  of  commerce  to  the 
citizens  of  the  United  States,  subject  to  any  laws  and  regnlations  of 
Great  Britain,  or  of  the  Dominion  of  Canada,  not  inconsistent  with  such 
l)rivil':'ige  of  free  navigation. 

The  navigation  of  the  rivers  Yukon,  Porcupine,  and  Stikino,  ascend- 
ing and  descending,  from,  to,  and  into  the  sea,  shall  forever  remain  free 
and  open  for  the  purposes  of  commerce  to  the  subjects  of  Her  IJritannic 
Alajesty  and  to  the  citizens  of  the  United  States,  subject  to  any  laws 
and  regulations  of  either  country  within  its  own  territory,  not  incon- 
sistent with  such  privilege  of  free  navigation. 

ARTICLE  XXVII. 

The  Government  of  Her  Britannic  Majesty  engages  to  urge  upon  the 
Government  of  the  Dominion  of  Canada  to  secure  to  the  citizens  of  the 
United  States  the  use  of  the  Wetland,  St.  Lawrence,  and  other  canals 
in  the  Dominion  on  terms  of  equality  with  the  inhabitants  of  the  Do- 
n»inion;  and  the  Government  of  the  United  States  engages  that  the 
Nnbjects  of  tier  IJritannic  Majesty  Khali  enjoy  the  use  of  the  St.  (31air 
Mats  caVial  on  terms  of  equality  with  the  inhabitants  of  the  United 
States,  and  further  eiigages  to  urge  upon  the  State  Governments  to 
secure  to  the  subjects  of  ller  Hritainiic  Majesty  the  use  of  the  several 
8tat(;  canals  connected  with  the  navigation  of  the  lakes  or  rivers  trav- 
ersed by  or  contiguous  to  the  boundary  line  between  the  pos8(!S8ions  of 
the  higii  contracting  parties,  ou  terms  of  equality  with  the  inhabitants 
ofthe  United  States. 

ARTICLE  XXVIIL 

The  navigation  of  Lake  MichigOTi  shall  also,  Tor  the  terra  of  years  men- 
tioned in  Article  XXXI U  of  this  treaty,  be  free  and  open  for  the  pur- 
poses of  commerce  to  the  subjects  of  Her  Britannic  Majesty,  subject  to 
iiny  laws  ami  regulations  of  the  UuiIcmI  States  or  of  the  States  border- 
ing thereon  not  inconsistent  with  such  privilege  of  free  navigation. 


iii 


32 


RELATIONS   WITH   CANADA. 


Article  XXIX. 

It  is  agreed  that,  for  the  term  of  years  mentioned  in  Article  XXXIII 
of  this  treaty,  goods,  w  ares,  or  merchandise  arriving  at  the  ports  of 
Now  York,  Boston,  and  Portland,  and  any  other  ports  in  the  United 
States  which  have  been  or  may,  frota  time  to  time,  bo  specially  desig 
nated  by  the  I'resident  -  t^he  United  States,  and  destined  Tor  iler  Bri- 
tannic Majesty's  possess. vms  in  North  America,  may  be  entered  at  the 
j)roper  custom-house  and  conveyed  in  transit,  without  the  payment  of 
duties,  through  the  territory  of  the  United  States,  under  such  rules, 
regulations,  and  conditions  for  the  protection  of  the  revenue  as  the 
Government  of  the  United  States  may  from  time  to  time  prescribe ;  and 
under  like  rules,  regulations,  and  conditions,  goods,  wares,  or  merchan- 
dise may  be  conveyed  in  transit,  without  the  payment  ot  duties,  from 
such  possessions  through  the  territory  of  the  United  States  for  export 
from  the  said  ports  of  the  United  States. 

It  is  further  agreed  that,  for  the  like  period,  goods,  wares  or  mer- 
chandise arriving  at  auy  of  the  ports  of  Her  Britannic  Majesty's  pos- 
sessions in  North  America  and  destined  for  the  United  States  may  bo 
entered  at  the  proper  custom-house  and  conveyed  in  transit,  without 
the  paymoi't  of  duties,  through  the  said  possessions,  under  such  rules 
and  regulations,  and  conditions  for  the  i^rotectioii  of  the  revenue,  as  the 
Governments  of  the  said  possessions  may  from  time  to  time  prescribe; 
and  under  like  rules,  regulations,  and  conditions  goods,  wares,  or  mer- 
(!han<lise  may  be  conveyed  in  transit,  without  payment  of  duties,  from 
the  United  States  through  the  said  possesf-ious  to- other  places  jn  the 
United  States,  or  for  e::port  iVom  ports  in  the  said  possessions. 

Ahtiole  XXX. 

It  is  agreed  that,  for  the  terms  of  years  mentioned  in  Article  XXXIII 
of  this  treaty,  subjects  of  Iler  Britannic  Majesty  may  carry  in  British 
vessels,  without  payment  of  duty,  goods,  wares,  or  merchandise  from 
one  port  or  place  witliiu  the  territory  of  the  United  States  upon  the  St. 
Lawrence,  tlie  great  lakes,  and  the  rivers  connecting  the  same,  to  an- 
other port  or  place  within  the  territory  of  the  United  States  as  afore- 
said: Provided,  That  a  portion  of  such  transportation  is  made  through 
the  Dominion  of  Canada  by  land  carriage  and  in  bond,  under  such  rules 
and  regulations  as  may  be  agreed  upon  between  the  Government  of 
Her  liritannic  JMajesty  and  the  Government  of  the  United  States. 

Citizens  of  the  United  States  may  for  the  like  period  carry  in  United 
States  vessels,  without  payment  of  duty,  goods,  wares,  or  merchandise 
from  one  port  or  place  within  the  possessions  of  Iler  Jiritanuic  Majesty 
in  North  America,  to  anotiier  port  or  place  within  the  said  possessions : 
Provided,  That  a  portion  of  siu'li  transportat  ion  is  made  through  the 
territory  of  the  United  States  by  land  carriage  a,n<l  in  bond,  under  such 
rules  and  regulations  as  may  be  agreed  upon  between  the  Government 
of  the  United  States  and  the  Government  of  Her  Britannic  Majesty. 

Th(5  Government  of  the  Uuitird  States  further  engages  not  to  impose 
any  export  duties  on  goods,  wares,  or  merchandise  carried  under  this 
article  through  the  territory  of  the  United  States  ;  and  Her  Majesty's 
Government  engages  to  urge  the  Parliament  (»f  the  Dominion  of  Can 
ada  and  the  Legislatures  of  the  other  colonies*  not  to  impose  any  ex 
port  duties  on  goods,  wares,  or  merchandise  carried  under  this  article ; 
and  the  Govcrumeni  of  the  United  States  may,  in  case  such  export 


RELATIONS    WITH    CANADA. 


33 


duties  are  imposed  by  tlio  Dominion  of  Canada,  suspend,  during  the 
])eriod  that  such  duties  are  imposed,  the  right  of  carrying  granted  un- 
der this  article  in  favor  of  the  subjects  of  Her  Britannic  Majesty. 

Tlie  Government  of  the  United  States  may  suspend  the  right  of  carry- 
ing granted  in  favor  of  the  subjects  of  Her  Britannic  Majesty  under  this 
article  in  case  the  Dominion  of  Canada  should  at  any  time  deprive  the 
citizens  of  the  United  States  of  the  use  of  the  canals  of  the  said  Do- 
minion on  terms  of  equality  with  the  inhabitants  of  the  Dominion,  as 
provided  in  Article  XXVII. 

^  Article  XXXI. 

The  Government  of  Her  Britannic  Majesty  further  engages  to  urge 
upon  the  Parliament  of  the  Dominion  of  Canada  and  the  Legislature  of 
New  Brunswick,  that  no  export  duty,  or  other  duty,  shall  be  levied  ou 
lumber  or  timber  of  any  kind  cut  ou  that  portion  of  the  American  ter- 
ritory in  the  State  of  Maine  watered  by  the  river  St.  John  and  its  trib- 
utaries, and  floated  down  that  river  to  the  sea,  when  the  same  is  shipped 
to  the  United  States  from  the  province  of  New  Brunswick.  And,  in 
case  any  such  export  or  other  duty  continues  to  be  lev-ied  after  the  ex- 
I)iration  of  one  year  from  the  date  of  the  exchange  of  the  ratifications 
of  this  treaty,  it  is  agreed  that  the  Government  of  the  United  States 
may  suspend  the  right  of  carrying  hereinbefore  granted  under  Article 
XXX  of  this  treaty  for  such  period  as  such  export  or  other  duty  may 
be  levied. 

Article  XXXII 

It  is  further  agreed  that  the  provisions  and  stipulations  of  Articles 
XVIII  to  XXV  of  thi.^  treaty,  inclusive,  shall  extend  to  the  colony  of 
JS^ewfoundland,  so  far  as  they  are  applicable.  But  if  the  Imi)erial  Far- 
liament,  the  Legislature  of  Newfoundland,  or  the  Congress  of  the  Uni- 
ted States,  shall  not  embrace  the  colony  of  Newfoundland  in  their  laws 
enacted  for  carrying  the  foregoing  articles  into  effect,  then  this  article 
sliall  be  of  uo  effect;  but  the  omission  to  make  provision  by  law  to  give 
it  effect,  by  either  of  the  legislative  bodies  aforesaid,  shall  not  in  any 
\\'ay  impair  any  other  articles  of  this  treaty. 

Article  XXXIII. 

Tlio  foregoing  Articles  XVIIt  to  XXV,  inclusive,  and  Article  XXX 
of  this  treaty  shall  take  effect  as  soon  as  the  laws  required  to  carry  them 
into  operation  shall  have  been  passed  by  the  Imperial  Parliament  of 
Great  Britain,  by  the  Parliament  of  Canada,  and  by  the  Legislature  of 
I'riuce  Edward's  Island  on  the  one  hand,  and  by  the  Congress  of  the 
United  States  on  the  other.  Such  assent  having  been  given,  the  said 
articles  shall  remain  in  force  for  the  period  of  ten  years  from  the  date 
at  which  they  may  come  into  operation;  and  further  until  the  expira- 
tion of  two  years  after  either  of  the  high  contracting  parties  shall  have 
given  notice  to  the  other  of  its  wish  to  terminate  the  same ;  each  of  the 
high  contracting  ]»arties  t)eing  at  liberty  to  give  such  notice  to  the  other 
at  the  end  of  the  said  period  of  ten  years  or  at  any  time  afterward. 


-»  Article  XXXIV. 

Whereas  it  was  stii)ulated  by  Article  I  of  the  treaty  concluded  at 
Washington  on  the  15th  of  June,  1840,  between  the  United  States  and 
9020 3 


•OTHMI 


«^^ 


m^^mmm 


wm 


^■p 


34 


RELATIONS   WITH   CANADA. 


Her  Britannic  Majesty,  tbat  the  line  of  boundary  between  the  territo- 
ries of  the  United  States  and  those  of  Her  Britannic  Majesty,  from  tht? 
point  of  the  forty-ninth  parallel  of  north  latitude  up  to  which  it  had 
already  been  ascertained,  should  be  continue<l  westward  along  the  said 
parallel  of  north  latitude  "  to  the  middle  of  the  channel  which  separates 
the  continent  from  Vancouver's  IsUuid,  and  thence  southerly,  through 
the  middle  of  the  said  channel  and  of  Fuca  Straits,  to  the  Pacitic 
Ocean;"  and  whereas  the  Commissioners  ai)pointed  by  the  two  high 
contracting  j)arties  to  determine  That  i)ortion  of  the  boundary  wliicU 
runs  southerly  through  the  middle  of  the  channel  aforesaid,  were  un- 
able to  agree  upon  the  same;  and  whereas  the  Government  of  livv 
Britannic  Majesty  claims  that  such  boundary  line  should,  under  tlie 
terms  of  the  treaty  above  recited,  be  run  through  the  Kosario  Straits. 
and  the  Government  of  the  United  States  claims  that  it  should  be  run 
through  the  Canal  de  Haro,  it  is  agreed  that  the  respective  claims  of 
the  Government  of  the  United  States  and  of  the  Government  of  Her 
Britannic  Majesty  shall  be  submitted  to  the  arbitration  and  award  of 
His  Majesty  the  Emperor  of  Germany,  who,  having  regard  to  th* 
above-mentioned  article  of  the  said  treaty,  shall  decide  thereupon, 
finally  and  without  appeal,  which  of  those  claims  is  most  in  accordance 
with  the  true  interpretation  of  the  treaty  of  June  15,  184G. 

Article  X.'KXY. 


A" 


The  award  of  His  Majesty  the  Emperor  of  Germany  shall  be  considered 
as  absolutely  final  and  conclusive;  and  full  effect  shall  be  given  to  such 
award  without  auj*  objection,  evasion,  or  tlelay  whatsoever.  Such  decis- 
ion shall  be  given  in  writing  and  dated;  it  shall  be  in  whatsoever  form 
His  Majesty  maj'  choose  to  adopt;  it  shall  be  tlelivered  to  the  Repre- 
sentatives or  other  public  Agents  of  the  Unitc^d  States  and  of  Great 
Britain,  respectively,  who  may  be  actually  at  Berlin,  and  shall  be  con 
sidered  as  operative  from  the  day  of  the  date  of  the  delivery  thereof. 


KJ 


m 


Article  XXXVI. 

The  Written  or  printed  case  of  each  of  the  two  i)arties,  accompanied 
by  the  evi<lence  ottered  in  support  of  the  same,  shall  be  laid  before  His 
Majesty  the  Emperor  of  (lermany  within  six  months  from  the  date  of 
the  exchange  of  the  ratiticatious  of  this  treaty,  and  a  coj)y  of  such 
case  and  evidence  shall  be  communicated  l»y  each  party  to  the  other, 
through  their  respective  Ilepresentatives  at  IJerlin. 

The  high  contracting  parties  may  include  in  the  evidence  to  be  con- 
sidered by  the  Arbitrator  such  documents,  official  correspondence,  and 
other  otiicial  or  public  statements  bearing  on  the  subject  of  the  refer- 
ence as  tliey  may  consider  necessary  to  the  support  of  their  respective 
cases. 

After  the  written  or  printed  case  shall  have  been  communicated  by 
each  party  to  the  other,  each  i)arty  shall  have  the  ])ower  of  drawing  u|) 
and  laying  before  the  Arbitrator  a  second  and  definitive  statement,  if  it 
think  fit  to  do  so,  in  reply  to  the  case  of  the  other  party  so  communi- 
cated, which  definitive  statement  shall  be  so  laid  before  the  Arbitrator, 
and  also  bo  mutually  communicated  in  the  same  manner  as  aforesaid, 
by  each  i)arty  to  the  other,  within  six  months  irom  the  tlate  of  laying 
the  first  statement  of  the  case  before  the  Arbitrator. 


RELATIONS   WITH   CANADA. 


8& 


Article  XXXVII. 

If,  in  the  case  submitted  to  the  Arbitrator,  either  party  shall  specify 
or  allude  to  any  report  or  document  in  its  own  exclusive  possession 
without  annexing  a  copy,  such  party  shall  be  bound,  if  the  other  party 
thinks  proper  to  apply  for  it,  to  furnisli  that  party  with  a  copy  thereof, 
and  either  party  may  call  upon  the  other,  through  the  Arbitrator,  to 
produce  the  originals  or  certified  copies  of  any  papers  adduced  as  evi- 
dence, giving  in  each  instance  such  reasonable  notice  as  the  Arbitrator 
may  require.  And  if  the  Arbitrator  should  desire  further  elucidation 
or  evidence  with  regard  to  any  point  contained  in  the  statements  laid 
before  him,  he  shall  be  at  liberty  to  require  it  from  either  party,  and 
he  shall  be  at  liberty  to  hear  one  Counsel  or  Agent  for  esicli  partj',  in 
relation  to  any  matter,  and  at  such  time,  and  in  such  manner,  as  he 
may  think  fit. 

ARTICLE  XXXVIII. 

The  Eepresentatives  or  other  public  Agents  of  the  United  States 
and  of  Great  Britain  at  Berlin,  respectively,  shall  be  considered  as  the 
Agents  of  their  re8i>ective  Governments  to  conduct  their  cases  before 
the  Arbitrator,  who  shall  be  requested  to  address  all  his  commnnica- 
tions  and  give  all  his  notices  to  such  Representatives  or  other  public 
Agents,  who  shall  represent  their  respective  Governments  generally,  in 
all  matters  connected  with  the  arbitration. 


Abticle  XXXIX. 

It  shall  be  competent  to  the  Arbitrator  to  proceed  in  the  paid  arbitra 
tion,  and  all  matters  rek  Jng  thereto,  as  and  when  he  shall  see  lit,  either 
in  person,  or  by  a  person  or  persons  named  by  him  for  that  purpose, 
either  in  the  presence  or  absence  of  either  or  both  Agents,  an«l  either 
orally,  or  by  written  discussion  or  otherwise. 


BB 


Article  XL. 

The  Arbitrator  may,  if  he  think  fit,  appoint  a  Secretary,  or  Clerk,  for 
the  iTurposes  of  the  proposed  arbitration,  at  such  rate  of  remunera- 
tion as  he  shall  think  proper.  Tbis,  and  all  other  expenses  of  and  con- 
nected with  the  said  arbitration,  shall  be  provided  for  as  hereinafter 
stipulated. 

Article  XLI. 

t 

The  x\rbitrator  shall  be  requested  to  deliver,  together  with  his  award, 
an  account  of  all  the  costs  and  expenses  which  he  may  have  been  put  to, 
in  relation  to  this  matter,  which  shall  forthwith  be  repaid  by  the  two 
Covernineiits  in  equal  moieties. 


Article  XLII. 

The  Arbitrator  shall  be  requested  to  give  his  award  in  writing  as 
early  as  convenient  after  the  whole  case  on  each  side  shall  have  been 
laid  before  him,  and  to  deliver  one  copy  thereof  to  each  of  the  said 
Agents. 


36 


EELAT10N8    WITH    CANADA. 


Article  XLIII. 

The  present  treaty  shall  be  duly  ratified  by  the  Preaideut  of  the 
United  States  of  America,  by  and  ^^ith  the  advice  and  consent  of  the 
Senate  thereof,  and  by  Her  Britannic  Majesty;  and  the  ratifications 
shall  be  exchanged  either  at  Wasliinj^tou  or  at  London  within  six 
months  from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries,  have  signed 
this  treaty  and  have  hereunto  aflBxed  our  seals. 

Done  in  duplicate  at  Washington  the  eighth  day  of  May,  in  the  year 
of  our  Lord  one  iliousand  eight  hundred  and  seventy-one. 

SEAL.]  Hamilton  Fish. 

SEAL.  KOBT.   C.    SCHENCK. 

SEAL.  Samuel  Nelson. 

SEAL.'  EBENEZEB   RoCKWOOD  HOAk. 

SEAL.'  Geo.  H.  Williams, 

seal.  De  Grey  &  Ripon. 

seal.  Stafford  H.  Northcote. 

SEAL.]  Edwd.  Thornton. 

seal.  John  A.  Macdonald. 

SEAL.]  ,  MOUNTAGITE   BERNARD. 

And  whereas  the  said  Treaty  has  been  duly  ratified  on  both  ])art8, 
and  the  respective  ratifications  of  the  same  were  exchanged  in  the  city 
of  London,  on  the  seventeenth  day  of  June,  1871,  by  Robert  C.  Sehenck, 
Envoy  Extraordiuarj-  and  Minister  Pleuipotentiaryof  the  United  States, 
and  Earl  Granville,  Her  Majesty's  Princii)al  Secretary  of  State  for  For- 
eign Affairs,  on  the  part  of  their  respective  Governments : 

Now,  therefore,  be  it  known  that  I,  Ulysses  S.  Grant,  President  of 
the  United  States  of  America,  have  caused  the  said  Treaty  to  be  made 
public,  to  the  end  that  the  same,  and  every  clause  and  article  thereof, 
may  be  observed  and  fulfilled  with  good  faith  by  the  United  States  and 
the  citizens  thereof. 

In  witness  whereof,  I  have  liereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  aflJxed. 
Done  at  the  City  of  Washington  this  fourth  day  of  July,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  seventy-one,  aid 
of  the  Independence  of  the  United  States  the  ninety-sixth. 

U.  S."  Grant. 
By  the  President : 

m  Hamilton  Fish, 

&.e  netary  of  State. 


[seal.] 


CONVENTION 


BETWKEN  THE 


UNITED  STATES  OF  AMERICA  AND  HIS  BRITANNIC  MAJI-STY 

KE8PECT1XG 

FISHERIES,  BOUNDARY,  AND  RESTORATION  OF  SLAVES, 
Concluded  at  London  October  20,  1818; 

RATIFICATION  ADVISED  BY  SENATE  JANUARY  25,  1810:  RATIFIED 

BY    PRESIDENT    JANUARY    28,    1819;    RATIFICATIONS 

EXCHANGED  AT  WASHINGTON  JANUARY  30, 

1819 ;  PROCLAIMED  JANUARY  30,  1819. 


The  United  States  of  America  aucl  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  desirous  to  cement  the 
good  underdtanding  which  happily  subsists  betweeu  them,  have,  for 
that  purpose,  named  their  respective  Plenipotentiaries,  that  is  to  say  : 

The  President  of  the  United  States,  on  his  i)art,  Has  appointed  Albert 
Gallatin,  their  Envoy  Extraordinary  and  Minister  Plenipotentiary  to 
the  Court  of  France,  and  Kichard  Rush,  their  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  the  Court  of  His  Britannic  Majesty;  and 
His  Majesty  has  appointed  the  Right  Honorable  Frederick  John  Jiobin- 
son.  Treasurer  of  His  Majesty's  Navy  and  President  of  the  Committee 
of  Privy  Council  for  Trade  and  Plantations,  and  Henry  Goulburu,  Esq., 
one  of  His  Majesty's  Under  Secretaries  of  State ; 

Who,  after  liaving  exchanged  their  respective  full  powers,  found  to 
be  in  Clue  and  proper  form,  have  agreed  to  and  concluded  the  following 
articles : 

Article  I. 

Whereas  differences  have  arisen  respecting  the  liberty  claimed  by  the 
United  States,  for  the  inhabitants  thereof,  to  take,  dry,  and  cure  lish  on 
certain  coasts,  bays,  harbours,  and  oreeks  of  His  Britanuivj  Majesty's 
dominions  in  America,  it  is  agreed  betwcm  the  high  contracting  parties 
that  the  inhabitants  of  the  said  United,  States  shall  have  Ibrever,  iu 
common  with  the  subjects  of  His  Britannic  Majesty,  the  liberty  to  take 
tish  of  every  kind  on  that  part  of  the  southern  coast  of  Xewfoundland 
which  extends  from  Cape  Ray  to  the  Rameau  Islands,  on  the  western 
and  northern  coast  of  Newfoundland  ;  from  the  said  Cape  Ray  to  the 
Q.iiiri>on  Islands,  on  the  shores  of  the  Magdalen  Islands,  and  also  on 

37 


38 


RELATIONS    WITH    CANADA. 


n 


the  coasts,  bays,  barbours,  and  creeks,  from  Mount  Joly,  on  the  south- 
ern coast  of  Labrador,  to  and  through  the  Streights  <  f  Belleisle,  and 
thence  northwardly  indefinitely  along  the  coast,  without  piejudice,  how- 
ever, to  any  of  the  exclusive  rights  of  the  Hudson  Bay  Company: 
And  that  the  American  fishermen  shall  also  have  liberty  forever  to  dry 
and  cure  fish  in  any  of  the  unsettled  bays,  harbours,  and  creeks  of  the 
southern  part  of  tlie  coast  of  Newfoundland,  hereabove  described,  and 
of  the  coast  of  Labrador ;  but  so  soon  as  the  same,  or  any  portion 
thereof,  shall  be  settled,  it  shall  not  be  lawful  for  the  said  fishermen 
to  dry  or  cure  fish  at  such  portion  so  settled  without  previous  agree- 
ment for  such  purpose  with  the  inhabitants,  proprietors,  or  possessors 
of  the  ground.  And  the  United  States  hereby  renounce  forever  any 
liberty  heretofore  enjoyed  or  claimed  by  the  inhabitants  thereof  to  take, 
dry,  or  cure  fish  on  or  within  three  muiinc  miles  of  any  of  the  coasts, 
bays,  creeks,  or  harbours  of  His  Britannic  Majesty's  dominions  in 
-^  merica  not  included  within  tlio  abovoniLMitioned  limits :  Provided, 
however,  that  the  American  fishermen  shall  !)c  admitted  to  enter  such  ' 
bays  or  harbours  for  the  purpose  of  shelter  and  of  repairing  damages 
therein,  of  purchasing  wood,  and  of  obtaining  water,  and  for  no  other 
purpose  whatever.  But  they  sliall  be  under  such  restrictions  as  may  be 
necessary  to  i)revent  their  taking,  drying,  or  curing  fish  therein,  or  in 
any  other  manner  whatever  al>using  the  privileges  hereby  reserved  to 
them. 

Article  IL 

It  is  agreed  that  a  lino  drawn  from  the  most  northNvestern  point  of 
the  Lake  of  the  Woods  along  the  Ibrty-ninth  parallel  of  north  latitude, 
or  if  the  said  point  shall  not  b'i  ii:  the  forty-ninth  parallel  of  north  lati- 
tude, then  that  a  line  drawn  from  the  said  point  due  north  or  south,  as 
the  case  may  be,  until  the  said  line  shall  intersect  the  said  i)arallel  of 
north  latitude,  and  from  the  point  of  such  intersection  due  west  along 
and  with  the  said  parallel,  sliall  be  the  line  of  demarcation  between  the 
territories  of  the  United  States  and  those  of  His  Britanni<!  Majesty,  and 
that  the,  said  line  shall  form  the  northern  boundary  of  the  said  terri- 
tories of  the  United  States,  and  t  he  soutliern  boundary  of  the  territories 
of  His  Britannic  JMajesty,  from  the  Lake  of  the  Woods  to  the  Stony 
Mountains. 

Article  HL 

It  is  agreed  that  any  country  that  may  be  claimed  by  either  party  on 
the  northwest  coast  of  America,  westward  of  the  Stony  Mountains, 
shall,  together  witii  its  harbours,  bays,  and  creeks,  and  the  navigation 
of  all  rivers  within  the  same,  l)e  free  and  open  lor  the  term  of  ten  years 
from  tlie  dalcof  tiie  signature  of  the  present  convention  to  the  vessels, 
citizens,  and  subjects  of  the  two  Powers;  it  being  v/ell  understood  liiat 
this  agreement  is  not  to  be  construed  to  the  prejudice  of  any  elaiu)  whieii 
either  of  the  two  high  ccmtracting  parties  may  have  to  any  part  of  the 
tiaid  country,  nor  shall  it  be  taken  to  affect' the  claims  of  any  other 
Tower  or  Stale  to  any  i)art  (>f  the  said  country;  the  only  object  of  the 
high  contracting  i)artiet..  in  that  resi)ect,  being  to  prevent  disputes  and 
differences  amongst  themselves. 

Article  IV. 

All  the  provisions  of  the  convention  "  to  regnlatL  the  commerce  be- 
tween tiie  territories  of  the  United  States  and  of  His  IJritannic  Maj- 


RELATIONS   WITH   CANADA. 


39 


esty,"  concluded  at  London  on  the  third  day  of  July,  in  the  yeai'  of  our 
Lord  one  thousand  eight  hundred  and  fifteen,  with  tlie  exception  of  the 
clause  which  limited  its  duration  to  four  years,  and  excepting  also,  so 
far  as  the  same  was  affected  by  the  declaration  of  His  Majesty  respect- 
ing the  island  of  St.  Helena,  are  hereby  extended  and  continued  in 
force  for  the  term  of  ten  years  from  the  date  of  the  signature  of  the 
present  convention,  in  the  same  manner  as  if  all  the  provisions  of  the 
said  convention  were  herein  specially  recited. 

Article  V. 

Whereas  it  ..as  agreed  by  the  first  article  of  the  treaty  of  Ghent 
that  "all  territory,  places, and  possessions  whatsoever  taken  by  either 
party  from  the  other  during  the  war,  or  which  may  be  taken  after  the 
signing  of  this  treaty,  excepting  only  the  islands  hereinafter  mentioned, 
shall  be  restored  without  dehiy,  and  witliont  causing  any  destruction, 
or  carrying  away  any  of  the  artillery  or  other  public  pro[»eity  originally 
captured  in  the  said  forts  or  places,  which  shall  remain  therein  upon  the 
exchange  of  the  ratifications  of  this  treaty,  or  any  shives,  or  other  i)ri- 
vate  property;"  and  wliereas  under  the  aforesaid  article  tiie  United 
States  claim  fo"  their  citizens,  and  as  their  private  property,  the  resti- 
tution of  or  full  compensation  for  all  slaves  who,  at  tlie  date  of  the 
exchange  of  the  ratiiications  of  the  said  treaty,  were  in  any  territory, 
places,  or  possessions  wliatsoever,  directetl  by  the  said  treaty  to  be 
restore<l  to  the  United  States,  but  then  still  occaipied  by  the  British 
forces,  whether  su(;h  slaves  were,  at  the  date  aforesaid,  on  shoic,  or  on 
board  any  British  vessel  lying  in  waters  within  the  territory  or  jurisdic- 
tion of  the  United  States ;  and  whereas  <liflerences  have  arisen  whether, 
by  tlie  true  intent  and  meaning  of  tiie  jiforesald  article  of  the  treaty  of 
Ghert,  the  United  States  are  entitled  to  the  restitution  of  or  lull  com- 
pensation for  all  or  any  slaves  as  above  described,  the  high  contracting 
])arrie8  hereby  agree  to  refer  the  said  ditferen^es  to  some  friendly  sov- 
ereign or  State,  to  be  named  for  that  purpose;  and  the  high  contract- 
ing parties  further  engage  to  consider  the  decision  of  such  friendly 
sovereign  or  State  to  be  final  and  conclusive  on  all  the  matters  r^'ferred. 


Article  VI. 

This  <'.onvcntion,  when  the  same  shsill  have  been  duly  ratified  by  the 
I'lesident  of  the  Unite<l  States,  by  an<l  with  the  advice  and  consent  of 
their  Senate,  and  by  his  Uritannic  JMajesty  iind  the  rt>si»ective  ratitlca- 
tions  mutually  exchanged,  shall  be  bimling  and  obligatory  on  tln^  said 
United  States  and  on  His  Majef-ty ;  ami  the  ratifications  shall  bo  ex- 
changed in  six  months  from  tliis  date,  <n'  sooner  if  possible. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
same,  and  have  tliereunto  affixed  the  seal  of  their  arms. 

Done  at  London  this  t\venti(>lli  day  of  0(;tober,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  eighteen. 

AiniGUT  (Jalla'I'in. 
KioirAHD  IJusir. 
1<'RKT)EHI0K  John  TJouinson. 
Henry  Goulbuen. 


L. 

8.' 

J-. 

8." 

L. 

S.' 

L. 

8. 

[Generai.  nature— -Xo.  46.] 

AN  ACT  to  cany  into  olVect  the  provisions  of  the  treaty  between  the  United  States 
and  Great  Britain  tiigued  in  the  city  of  Washington  the  eightli  day  of  May,  eighteen 
hundred  and  seventy-one,  relating  to  the  iisheries. 

Be  it  enacted  by  the  Senate  ami  House  of  Repi^esentatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenevei  the  President  of 
the  United  States  shall  receive  satisfactory  evidence  that  the  Imperial 
Parliament  of  Great  Britain,  the  Parliament  of  Canada,  and  the  legisla- 
ture of  Prince  Edward's  Island  have  passed  laws  on  their  part  to  give 
full  effect  to  the  provisions  of  the  ti-eaty  between  the  United  States  and 
Great  Britain  signed  at  the  city  of  Washington  on  the  eighth  day  of 
May,  eighteen  hundred  and  seventy-one,  as  contained  in  articles  eight- 
eenth to  twenty-fifth,  inclusive,  and  article  thirtieth  of  said  treaty,  he 
is  herelv  authorized  to  issue  his  proclamation  declaring  that  hehas  such 
evidence,  and  thereupon,  from  the  date  of  such  proclamation,  and  '  lon^ 
as  the  said  articles  eighteenth  to  twenty-fifth,  inclusive,  •niC  icle 
thirtieth  of  siaid  treaty  shall  remain  in  force,  according  to  the  terms  and 
conditions  of  article  thirty-third  of  said  treaty,  all  llsh-oil  and  fish  of  all 
kinds,  (exce])t  fish  of  the  inland  lakes  and  <i)f  tiierivcrsfalliug  into  them, 
and  except  fish  i)reserved  in  oil,)  being  the  produce  of  the  fisheries  of 
the  Dominion  of  Canada  or  of  Prince  Edward's  Island,  shall  bo  ad- 
mitted into  the  United  States  free  of  duty. 

Sec.  2.  L'hat  whenever  the  colony  of  Newfoundland  shall  give  its  con- 
sent to  the  ai)])li(;ation  of  the  stipulations  and  ]U'ovisions  of  th.  .said  arti- 
cleseighteenth  to  twenty-fifth  of  said  treaty,  inclusive,  tothatcolony,  and 
the  legislature  thereof,  and  the  Imperial  Parliament  shall  i)ass  the  nec- 
essary laws  for  that  purpose,  th«^  above  emimeiated  articles,  being  the 
produce  of  the  tisheriesof  the  colony  of  Xewfoundland,  shall  be  admitted 
into  the  United  States  free  of  duty,  from  and  after  the  date  of  a  prochi- 
matiou  by  the  President  of  the  United  States,  declaring  that  lie  has 
satisfactory  evidence  that  the  said  colony  of  ISewlouudland  has  consentc'l 
in  a  due  and  ju-opor  nmnner,  to  have  the  provisions  of  the  safd  articleg' 
eighteenth  to  tv.enly-fitth,  inclusive,  of  the  said  treaty  extended  to  ic, 
and  to  allow  the  Unit(*<l  States  the  lull  l>ene(its  of  nil  the  stipulations 
therein  contained,  ami  .shall  be  so  admitted  free  of  duty,  so  long  as  the 
said  articles  eighteenth  to  twenty-fifth,  inclusive,  and  article  thirtieth, 
of  said  treaty,  shall  remain  in  force,  according  to  the  terms  .ind  con- 
ditions of  article  thirty-third  of  said  treaty. 

Sec.  3.  That  from  the  date  of  the  President's  proclamation  author- 
ized by  the  first  section  of  this  act,  and  so  long  as  the  articles  eighteenth 
to  twenty-fifth,  inclusive,  and  aitiele  thirtieth,  <•!  saul  treaty,  shall  re- 
nuiin  in  force,  according  to  the  terms  and  conditions  of  article  thirfy- 
third  of  said  treaty,  all  goods,  wares,  or  merchandise^  arriving  at  tlw 
jmrts  of  New  York,  l>ostf)n,  and  INntland,  and  any  other  ports  in  V\c 
United  States  which  have  been,  or  nuiy  fron>  time  to  tin»e  be,  specially 
desigmited  by  the  President  of  the  United  Stales  and  destined  for  Her 
Britannic  Miijesty's  possessions  in  North  Ameiica,  imiy  be  entered  at 
the  proper  customlKMise  aiul  conveyed  in  transit,  without  the  payment 
40 


Rp:LA'nONS    WITH    CANADA. 


41 


of  dntio*,  tiiron^l'.  tlio  territory  of  tbo  United  States,  under  such  rules^ 
regulations,  and  conditioiiis  lor  the  })rotection  of  the  revenue  as  the  Seo- 
letary  of  the  Treasui-y  may  from  time  to  tmie  prescribe  ;  and,  under  like 
rules,  regulations,  and  conditions,  goods,  wares,  or  men.handise  may  be 
conveyed  in  transit,  without  the  payment  of  duties,  from  such  posses- 
sions, through  the  territo-ry  of  the  United  States,  for  export  from  the 
said  ports  of  the  United  States. 

Sec.  4.  That  from  the  date  of  the  President's  proclamation,  authorized 
by  the  first  section  of  this  act,  and  so  long  as  articles  eighteenth  to 
twenty-tifth,  inclusive,  and  article  thirtieth,  of  said  treaty,  shall  remain 
in  force,  according  to  the  terms  and  conditions  of  article  thirty-third  of 
said  treaty,  all  subjects  of  Her  Britannic  Majesty  may  carry  in  British 
vessels,  without  payment  of  duty,  goods,  wares,  or  mercbaudise  from 
one  port  or  place  v^ithiu  the  territory  of  the  United  States,  upon  the 
Saint  Lawrence,  the  g^-eat  lakes,  and  the  rivers  <^0MK5Cting  the  same,  to 
another  port  or  place  \.  ithin  the  territory  of  the  Linited  States,  as  afore- 
said: Provided,  That  a  portion  of  such  transpoitafion  is  made  through 
the  Dominion  of  Canada  by  land  carriage  and  m  bond,  under  such  rules 
and  regulations  as  may  be  agreed  upon  l>etweeu  the  government  of  Her 
Britannic  Majesty  and  the  government  of  the  United  States  :  And  pro- 
vided further,  That  the  President  of  the  United  States  may,  by  procla- 
mation, suspend  the  right  of  carrying  provided  for  by  this  section,  in 
case  the  Dominion  of  Canada  should  at  any  time  deprive  the  citizens 
of  the  United  States  of  the  use  of  the  canals  in  the  said  Dominion  ou 
terms  of  equality  with  the  inhabitants  of  the  Dominion,  as  provided  in 
article  twenty-seven  of  said  treaty:  And  provided  further,  That  in  case 
any  export  or  other  duty  continues  to  be  levied  after  the  sixteenth  day 
of  June,  eighteen  hundred  and  seventy-two,  on  lumlH^r  or  timl)er  of  any 
kind  cut  ou  that  portion  of  the  American  territory,  in  the  State  of  Maine, 
uatered  by  the  river  Saint  John  and  its  tributaries,  and  floated  down 
that  river  to  the  sea,  when  the  same  is  shipped  to  the  United  States  from 
the  province  of  New  Brunswick,  that  then,  and  in  that  case,  the  Presi- 
dent of  the  United  States  may,  by  proclamation,  suspend  all  rights  of 
carrying  provided  for  by  this  section  for  such  i>eriod  as  such  export  or 
other  duty  may  be  levied. 

Sec.  5.  That  this  act  shall  not  take  effect  until  the  first  day  of  July, 
eighteen  hundred  and  seventy-three,  and  shall  not  apply  to  any  article 
of  merchandise  therein  mentioned  which  shall  be  held  in  bond  on  that 
day  by  the  customs  officers  of  the  United  States. 

Ai)i)roved,  March  1,  1873. 


[Public  Resolution— No  20.]  ' 

JOINT  RESOLUTION  providing  for  (he  leruiination  of  articles  numbered  oij^litoen 
to  twout.y-'jve,  inclusive,  and  article  unuibertui  thirty  of  the  treaty  between  th«» 
United  States  of  America  and  IIi;r  Britannic  Majesty,  concluded  at  Washingtou, 
May  eighth,  eighteen  hundred  and  seventy-one. 

Resolved  by  the  Senate  and  Houm  of  Representativea  of  the  United  States 
■of  A  merica  in  Congress  assembled,  That  in  the  judgdleut  of  Congress  the 
provisions  of  articles  m*tnbered  eighteen  to  twenty-five,  inclusive,  and 
of  article  thirty  of  the  treaty  between  the  United  States  and  Her  Bri 
tannic  Majesty,  for  an  amicable  settlement  of  all  causes  of  difference 
between  the  two  countries,  concluded  at  Washingtou  on  the  eighth  day 
of  May,  anno  Domini  eighteen  hundred  and  seventy-one,  ought  to  be 
terminated  at  the  earliest  possible  time,  and  be  no  longer  in  force ;  and 
to  this  end  the  i  resident  be,  and  he  hereby  is,  diretjted  to  give  notice 
to  the  Government  of  Her  Br/tannic  Majesty  that  the  provisions  of  each 
and  every  of  the  articles  aforesaid  will  terminate  and  be  of  no  force  ou 
the  expiration  of  two  years  next  after  the  time  of  giving  such  notice. 

Sec.  2.  That  the  "resident  be,  and  he  hereby  is,  directed  to  give  and 
communicate  to  the  Government  of  i'er  Britannic  Majesty  such  notice 
of  such  termination  on  the  first  day  of  July,  anno  Domini  eighteen  hun- 
dred ami  eighty-three,  or  as  soon  thereafter  as  may  be. 

Sec.  ;5.  That  ou  and  after  the  expiration  of  the  two  years'  time  re- 
quired by  said  treaty,  oacli  and  every  of  saul  articles  shall  be  d(M>med 
and  hold  to  have  exi>ired  and  be  of  no  force  and  ettect,  and  that  every 
department  of  the  Government  of  the  United  Stati'S  shall  exectite  the 
laws  of  the  United  States  (in  the  premises,)  in  the  same  manner  and  to 
the  same  effect  as  if  said  articles  liad  never  been  in  force;  and  the  act 
of  Congress  ai>proved  March  first,  anno  Domini  eighteen  hundred  and 
seventy-three,  entitled  "An  act  to  carry  into  efi'ect  tlie  provisions  of  the 
treaty  between  the  United  States  and  Great  Britain,  signed  in  the  city 
of  NN'ashington  tlie  eigiith  day  of  May,  eighteen  hundre<l  and  seventy- 
one,  relating  to  tho  fisheries,"  so  far  as  it  relates  to  the  articles  of  said 
treaty  so  to  bo  terminated  shall  be  and  stand  repealed  and  be  of  no 
force  on  and  after  the  time  of  the  expiration  of  said  two  years. 

Approved,  March  .1,  lb83. 

42 


[Public— Xd.  125.] 

AN  ACT  to  autborize  tlio  President  ot  the  United  States  to  protect  and  defend  tho 
lijihtB  of  American  lisliing  vessels,  American  fishermen,  American  trading  and 
other  vessels,  in  certain  ciises,  and  for  other  pniposes. 

Be  it  enacted  by  the  Senate  and  Homo  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  the  Presideut 
of  the  IJuited  States  shall  be  satistied  that  American  lishing  vessels  or 
American  flshenuen,  visitiiij?or  being  in  tiie  waters  or  at  any  ports  or 
])lace8  of  the  British  dominions  of  North  America,  are  or  then  lately 
have  been  denied  or  abridged  in  the  enjoyment  of  any  rights  st-jured 
to  them  by  treaty  or  law,  or  are  or  then  lately  have  unjustly  vexed  or 
harassed  in  the  enjoyment  of  such  rights,  or  subjected  to  unreasonable 
restrictions,  regulations,  or  requirements  in  respect  of  such  rights ;  or 
otherwise  unjustly  vexed  or  harassed  in  said  waters,  ports,  or  places;  or 
whenever  the  President  of  the  United  States  shall  be  satislieil  that  any 
sach  fishing  vessels  or  fishermen,  having  a  permit  under  the  laws  of  the 
United  States  to  touch  and  trade  at  any  port  or  ports,  place  or  [>laces, 
in  the  British  dominions  of  Il^orth  America,  are  or  then  lately  have  been 
(1('!>)<m1  the  privilege  of  "utering  such  port  or  ports,  place  or  places,  in 
the  same  maiimu'  and  under  the  same  regulations  as  may  exist  therein 
applicable  to  trading  vessels  of  the  most  favored  nation,  or  shall  be  un- 
justly vexed  or  harassed  in  respect  thereof,  or  otherwise  bo  unjustly 
vex<Hl  or  harassed  therein,  or  jshall  be  prevented  from  purchasing  such 
Rtipplies  as  r.niy  there  be  lawfully  sold  to  trading  vessels  of  the  most; 
favored  nation  ;  or  whenever  the  President  of  the  United  States  shall 
be  satisfied  that  any  other  vessels  of  the  ITnited  States,  their  masters 
or  crews,  so  arriving  at  or  being  in  such  r»ritish  waters  or  ports  or 
|)lace8  of  the  P)ritish  dominions  of  North  America,  are  or  then  lately 
liave  bei'u  denied  any  of  the  privileges  therein  accorded  lothe  vessels, 
their  niasters  or  crews,  of  the  most  favored  nation,  or  unjustly  vexed  or 
harassed  in  respect  of  t  he  sanu',  or  unjustly  vexed  or  harassed  therein  by 
llie  authorities  there(»f,  then,  audio  either  or  all  of  such  cases,  it  shall  be 
l;iwlul,  ami  it  shall  be  the  duty  of  the  President  of  the  United  States,  in 
lii.s  discretion,  by  proclamation  to  thatetiect,  to  deiiy  vessels,  their  nias- 
tcis  and  crews,  of  the  IW'itish  dominions  of  North  America,  any  e)itran<!e 
into  the  waters,  pcnts,  or  jilaces  of,  or  within  \\n)  United  States  (with 
such  exceptions  in  regard  to  vessels  in  distress,  stress  of  weather,  or 
needing  sujiplies  as  to  the  President  shall  «eem  i)ro|ter),  wheth(>r  such 
vessels  shall  have  come  directly  from  saiil  dominions  on  su<th  «lestined 
voyage  or  by  way  of  some  port  or  place  in  such  destined  voyage  else- 
N^here;  and  also,  to  deny  entry  into  any  i)ort  or  \Ai\^•^^  of  tiin  United 
»S!;,'.tes  of  fresh  fish  or  salt  fish  or  any  other  i)roduct  of  naid  dominions, 
or  cthei-  gootls  coming  from  said  dominions  to  the  United  States.  The 
President  may,  in  his  discretion,  apply  such  proclamation  to  any  part 
or  t(  all  of  the  foregoingnameil  subjects,  and  may  revoke,  qualify,  limit, 
and  renew  such  i)n)claimition  from  time  to  time  as  he  nniy  deem  n<ice«- 
siirv-  to  the  lull  and  just  execurnui  of  the  i»ui'poses  of  this  aci^.  Kvory 
violation  of  any  such  pioclaniation,  or  any  part  thereof,  is  hereby  do- 

4;i 


i< 


44 


RELATIONS    WITH    CANADA. 


may  now  be  enforced  and  proceUa  nn^^  '"^^' 

violate  any  of  the  provisions  of  tl.  I  L/^"^  .  ^'^  ^'f^^^  ^''o  «I'al! 

President'madein  IZ^^  V^l  £1,^  /Tee^^ni^tv  o^  f  ''' 
demeauor,and,on  conviction  tbereo;  shall  be  iSefw^^^  """ 
exceeding  one  thousand  dollars,  or  by  im  risonmen  fnr  ^^^^^^  '!  ^'-" 
ceeding  two  years,  or  by  both  said  ,lSS:Xai:^ZZ  ^^^ 

Approved,  March  3, 186/. 


thill  the 

I  procla- 
Lire  oil al! 
the  8;uiio 
^mihg  to 
7  to  law 
'ho  shall 

II  of  tlie 
>f  a  luis- 

fine  jiot 
I  not  ex- 
311  of  the 


